Demands for major antitrust reform are coming from all directions: politicians, industrial organization (IO) economists, and antitrust lawyers. While the political, legal, and economic debates vary in important ways, they all boil down to a single question: Do we need a “new” Sherman Act?...

The recent challenge by state attorneys general (“State AGs”) to the DOJ’s settlement in T-Mobile/Sprint has rekindled the enduring debate regarding the appropriate role for State AGs in federal antitrust enforcement. That debate has relied primarily upon theories of antitrust federalism...

Despite its disruptive impact on legacy financial institutions, processes, and services, the use of new technologies in finance has many potential consumer welfare benefits and market efficiencies. Yet new financial technology (fintech) firms often face significant barriers to entry. This...

Mark Zuckerberg introduced Libra to the world in June 2019 with the goal of “enabl[ing] a simple global currency and financial infrastructure that empowers billions of people.” Two months after, and without waiting for the project to be launched, the European Commission sent a questionnaire...

A reform movement is underway in antitrust. Citing prior enforcement failures, deviations from the original intent of the antitrust laws, and overall rising levels of sector concentration, some are seeking to fundamentally alter or altogether replace the current consumer welfare standard, which...

The Metaverse provides an unprecedented opportunity to observe competition in the making and derive insights into the determinants of competition.Created in December 2022, the Metaverse Competition Agency (“MCA”) studies how economic competition emerges, evolves, and ends. The MCA method is...

The EU recently established new supranational financial supervision authorities — ESAs — capable of adopting binding supervisory decisions. The upgraded regulatory framework also inaugurated judicial review by a newly established Board of Appeal and the Court of Justice against these...

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

The second of a two-part "handbook" — the first has been simultaneously posted on author's SSRN page — this pithy article details the potential defenses available to financial institutions and the issues that all parties should be prepared to address when proposing or rebuffing a claim...