Bargaining is all around us. Bargaining is how prices are set across a range of economic activities such as between licensors and licensees of intellectual property, employees and employers, content providers and distributors, health insurers and hospitals, and in many intermediate product...

This paper shows that two related aspects of attention platforms are important for the sound economic analysis of public policy including antitrust: First, attention platforms generate valuable content. Even though people often don't pay for content, we know from revealed preference that content...

This paper examines how Internet ventures operate as intermediaries serving both upstream sources of content and applications as well as downstream consumers. Alibaba, Baidu, Amazon, Facebook, Google, Netflix, Tencent and other Internet “unicorns” have exploited “winner take all”...

While price-fixing on platforms can attract severe enforcement action, as shown by the Amazon poster case, a more nuanced picture emerges regarding the fixing of prices for sellers by sharing economy platforms. This paper explores possible antitrust responses to such centralised platform-driven...

This piece presents systematically the contributions that the EU courts have made to the understanding of the notion of restriction of competition over the years. It examines, first, the issues around which there is consensus among commentators. It is undisputed, for instance, that a restriction...

Our food supply rests on a foundation of agricultural seed. As the world races to meet soaring food demand, the development and control of this fundamental genetic resource will be of critical concern to the entire human community. Seed, once treated as a shared public good and natural resource,...

Competition law's vertical agreement requirement is widely regarded to be perplexing and to offer a fairly limited unilateral action defense. These views prove to be understated. The underlying distinction is incoherent on a number of levels and difficult to reconcile with pertinent statutes,...

This article examines the meaning and scope of the notion of anticompetitive effects in EU competition law. It does so by bringing together several strands of the case law (and this across all provisions, namely Articles 101 and 102 TFEU and merger control). The analysis is structured around a...

After some two years of deliberations, in July 2006 the SEC released its long-awaited Guidance on the scope of the soft dollar safe harbor. Passed as part of the Securities Acts Amendments in May, 1975, the safe harbor has protected fund advisers and other money managers for over 30 years from...