Proposed changes to the conduct of Administrative State like those embodied in the changes proposed by the Office of Management and Budget to "Circular A-4" guidance on Regulatory Review accentuate a conflict of visions over the size and scope of government and its role in society; over...

The last step cannot be first; Congress, to the extent its substantial inquiry, oversight and appropriations authorities allow, should not permit a White House Office of Management and Budget "Circular A-4" rewrite of Regulatory Impact Analysis guidance to proceed without forcing OMB and OIRA to...

We present a model of a market failure based on a requirement provision by digital platforms in the acquisition of personal information from users of other products/services. We establish the economic harm from the market failure and the requirement using traditional antitrust methodology....

This paper presents some basic principles for conducting the antitrust analysis of multisided platforms that courts could adapt to the particulars of their jurisdictions and case laws. It has a particular focus on measuring consumer surplus for platform businesses and the implications of that...

We discuss how the acquisition of private information by default without compensation by digital platforms such as Google and Facebook creates a market failure and can be grounds for antitrust enforcement. To avoid the market failure, the default in the collection of personal information has to...

This paper evaluates the effect on competition of adopting the FTC's product hopping theory as an antitrust doctrine. The paper criticizes the theory and explains why it would be a mistake to adopt it as a guide to antitrust liability

This paper analyses the role of the European Commission in taking cases of abuse of dominance in the telecommunications sector since its liberalisation in 1998. The argument is that the Commission has played a very active antitrust role, in particular at the beginning of the liberalisation, and...

The digital economy has brought new business models that rely on zero-price markets and multi-sided platforms that exploit broad business ecosystems. The traditional concept of market power used by competition authorities cannot engage with this new reality, which is more multidimensional than...

One of the most profound changes in the industrial landscape in the last decade has been the growth of business ecosystems- groups of connected firms, drawing on (digital) platforms which leverage their complementors and lock-in their customers, exploiting the “bottlenecks” that emerge in...

The digitisation of existing business models and the new way of doing business of digital platforms pose new challenges both to the performance of companies in the market and to the lives of consumers and users. The dominant digital companies are all American (Google, Facebook, Amazon, and...