Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and foreword, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. Lucid, highly readable, and full of rich social and political implications, The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends.

In recent years, the astronomical rise of tech giants like Amazon, Apple, Meta, and Microsoft has been criticized as anticompetitive, and many have wondered if antitrust law can help protect workers and consumers. In Tech Monopoly, Herbert Hovenkamp explores competition problems in a wide range of high-tech firms--from those that sell purely digital products, such as video streaming, search, software, or email services, to others that sell more traditional tactile products, such as hardware, clothing, groceries, or rides. He offers a realistic look at the powers and limitations of antitrust law in tech markets with an assessment that is as comprehensive as it is accessible.

After a general introduction to antitrust law, Tech Monopoly considers how competitive harm should be assessed in these markets, as well as some features that make these markets unique, including two-sided structures. Then Hovenkamp looks at the role of large digital platforms, including Amazon, Alphabet, Apple, Meta, and Microsoft, and considers whether their size alone is an antitrust problem or if the concern should be limited to market power. Finally, the author addresses the very difficult problem of remedies. Should we break up big tech, and if so, how? What kind of breakup of these firms would make users or others better off? And if breakups are not the only possible antitrust fix, are there more effective and less disruptive alternatives?

Offering simple explanations of the complex economics of digital platform markets, Tech Monopoly is an important read for anyone who wishes to understand how antitrust law works and whether it can help defend competition in the formidable era of big tech.

Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and foreword, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. Lucid, highly readable, and full of rich social and political implications, The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends.

Artificial Intelligence and Competition Policy features 20 essays by leading scholars and practitioners exploring the wide range of questions bearing on the implications of AI for the competitive process. This collection of essays is divided into three sections, providing a solid foundation to delve into the emerging subjects: Market Dynamics, Mergers, and Partnerships in AI, AI Challenges for Competition Law, and Policy Responses to the AI Boom.

This book offers a provocative look at key areas of competition-related AI scholarship. It serves as a valuable resource for legislators, policymakers, and enforcers to assess how competition law can be adapted to confront the challenges of AI.

Pedro Caro de Sousa's monograph offers the first comprehensive and truly international overview of private competition enforcement. Across two sections, Caro de Sousa breaks down the main constituent elements of private enforcement and compares the ways in which each element is implemented across the main jurisdictions, particularly in the US and the EU. The book's first section supplies a general overview of the topic, including a discussion of the relationship between public and private enforcement. The second section looks in more detail at the key elements of a private enforcement system, such as the judicial mechanisms for obtaining private redress for competition harm; practical solutions for ensuring effective enforcement; and the main economic methods that may be used to calculate damages arising from an infringement of competition law. Providing new insight into a topic of growing importance, Caro de Sousa's book is designed to aid practitioners, policymakers, and researchers in dealing with competition matters.

'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.' Ali Nikpay, Gibson, Dunn & Crutcher LLP

This unique book is designed as a working tool for the study and practice of European competition law, focused on case law analysis. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by useful analysis and commentary.

The 8th edition includes recent judgments from the European Court of Justice and decisions from the European Commission on the scope of object and effects-based analysis, abuse of dominance, and merger control. It examines developments in regulation and the interface between new instruments, such as the DMA and DSA and competition law enforcement.

In a compelling collection titled Why Competition?, over 100 leading figures from various fields offer their insights on the vital question: Why competition? Prominent contributors include Eleanor Fox (NYU), Paulo Burnier Da Silveira (OECD), Mahmoud Momtaz (Egyptian Competition Authority), Andreas Mundt (German Competition Authority), Gina Cass-Gottlieb

(Australian Competition Authority), Peter Freeman (UK Competition Appeal Tribunal), Reiko Aoki (Japan Fair Trade Commission), Olivier Guersent (European Commission), and Andrea Marván Saltiel (Mexican Competition Authority), among many others. Their perspectives explore the profound role competition plays in shaping global economies and advancing societal progress, offering fresh and original viewpoints that reflect the diversity of their experiences and expertise.

In an era of unprecedented innovation in life sciences, where breakthroughs in pharmaceuticals, biotechnology, and healthcare are shaping global health and economies, Pharmaceutical Antitrust: An Analysis of US and EU Law is an indispensable guide. Edited by Mélanie Thill-Tayara and George Gordon, esteemed experts in antitrust law, this book offers a comprehensive examination of how competition laws are applied in the life sciences sector in the United States and the European Union. The book provides in-depth analysis of and practical insights regarding the effect of the complex interplay of IP, regulatory frameworks, and competition principles on issues related to marketing authorizations, exclusivities, patent acquisition and enforcement, mergers and acquisitions, collaboration agreements, pricing strategies, and distribution arrangements. Each chapter provides invaluable insights into the intricacies of antitrust, international cooperation among antitrust authorities, and the analysis of market dynamics within the pharmaceutical arena. This book is an indispensable companion for legal professionals, academics, regulators, and executives operating in the complex world of pharmaceuticals and antitrust law.

Antitrust Law Basics: Navigating Legal Issues in Competition is a clear, insightful guide to understanding the core principles of antitrust law, making it accessible for legal professionals, business leaders, and anyone curious about the forces that shape fair competition. Antitrust laws play an essential role in our economy, keeping markets competitive, preventing monopolies, and protecting consumer rights. This book breaks down complex laws, examining essential statutes like the Sherman Act, Clayton Act, and FTC Act while discussing landmark cases and real-world applications.

In this comprehensive guide, readers will gain a practical understanding of the laws regulating monopolies, mergers, and unfair competition. Learn how these laws impact everything from small business growth to corporate mergers, and explore how they intersect with today's technological challenges, such as digital monopolies and data privacy concerns. With practical explanations and easy-to-follow language, this book is a valuable resource whether you are a legal practitioner, policymaker, or simply interested in how market fairness is maintained in a complex economy.

Antitrust Law Basics also explores current debates, examining the role of antitrust in the technology sector, the growing influence of global competition regulation, and emerging ideas that may reshape the future of competition law. Discover how antitrust regulation adapts to new economic challenges and global markets and why understanding these laws is crucial for anyone involved in business today.

What You Will Find in This Book:

• An overview of the history and evolution of U.S. antitrust law
• Detailed analysis of the Sherman Act, Clayton Act, and FTC Act
• Insight into monopolistic practices and their impact on competition
• Explanation of key antitrust cases that shaped modern regulations
• Analysis of mergers, acquisitions, and the role of the Clayton Act
• Guidance on navigating digital markets and tech monopolies
• Exploration of consumer welfare and public interest perspectives
• Overview of global antitrust practices and international cooperation
• Practical insights for legal professionals and business leaders alike

Antitrust Law Basics provides the essential knowledge and tools to understand and navigate the complex legal landscape of competition, making it a must-read for anyone interested in the laws that define fair and open markets.

The Competition Law Dictionary, the first dictionary devoted to competition and antitrust law across borders, is a remarkable international undertaking aimed at all those whose work is impacted by this fundamental sector. With over 220 definitions, readers can immerse themselves in the intricacies of competition law, drawing on the insights of leading experts in the field. This indispensable resource provides practical guidance for both newcomers and seasoned professionals, shaping the discourse and spurring innovation in the field of competition law.

With the publication of the Competition Law Dictionary, a unique contribution has come on the market. This is a global book of knowledge for everyone engaged in

antitrust/competition policy. Eleanor Fox - Professor Emerita, NYU Law School

This well-structured and practical Competition Law Dictionary is a powerful tool to raise awareness and disseminate the benefits of competition for consumers, companies, and public administrations. Cani Fernández - President, Spanish Competition Authority (CNMC)

The past decade has been a time of great upheaval for transatlantic competition policy. This is evident in the United States (at the federal and state levels), the European Union, and the United Kingdom. With the reinvigoration of antitrust policy has come a reinvigoration of antitrust economics, which has been increasingly prominent in the reasoning of regulators and courts. This volume chronicles key flashpoints in this process, from an economics point of view. It provides 18 contributions from leading antitrust economists involved in recent groundbreaking merger, monopolization, and anticompetitive-agreement cases on both sides of the Atlantic. In all instances, the basic economic features of these important cases should be accessible to all readers who have an interest in antitrust.

Antitrust law is well-known for its role in combatting mergers, price-fixing arrangements, and other anticompetitive actions in product markets. By opposing these practices, antitrust law enhances competition among firms and keeps prices low for goods and services. Less well-known, antitrust law also applies to anticompetitive conduct by employers in labor markets, which pushes wages below the competitive rate. Yet there have been few labor market cases or enforcement actions, and almost no scholarly commentary on the role of antitrust law in labor markets. This book fills the gap. It explains why antitrust law has failed to address labor market concentration, and how it can be reformed so that it does a better job.

Essential reading for anyone interested in fighting economic inequality, How Antitrust Failed Workers also offers a sharp primer on the true nature of the American economy--one that is increasingly uncompetitive and tilted against workers.

The book combines a theoretical perspective, an empirical approach and a practice-oriented focus. The theoretical perspective provides a thorough examination of the interaction between economic evidence and legal rules of evidence and causation. Its empirical approach provides the data necessary to understand the reality of economic evidence in selected key jurisdictions (such as the EU, France, the UK, and Germany) in the enforcement of EU competition law. Emphasising the law in action, the study combines quantitative and qualitative research from various legal systems, mapping the type of economic evidence presented in these cases and the way this was assessed. The book's practice-oriented focus provides a thorough understanding of the real-world process of legal evidence in this area. Each chapter dealing with different types of economic evidence introduces the reader to the forms that economic evidence usually takes and what it aims to prove, referring to examples from real cases and offering recommendations for practices and best principles.

This is a complete and accessible reference guide, combining theoretical and practical insights.

Online platforms play a crucial role in today's economy by serving as intermediaries between consumers and suppliers. The economics governing their business model pushes them to first pursue growth over profits and later integrate vertically-a dynamic that has resulted in expansive digital ecosystems. The platforms orchestrating these ecosystems can have an incentive and ability to exclude suppliers ('intra-platform exclusion'). Article 102 TFEU targets such conduct, in particular through the figure of 'leveraging', but the economic and technological complexity of platforms has befuddled traditional legal analysis.

This book presents an in-depth study of the abuse of dominance in the platform economy. It starts by studying platform business strategy and then systematically analyzes how different forms of leveraging abuse (tying, refusal to supply, margin squeeze, discrimination) should be reinterpreted in the platform economy. The book also recognizes the procompetitive role of platforms and suggests safeguarding it by duly considering justifications. Finally, the book surveys ex ante measures targeted at platforms such as non-discrimination rules, portability and interoperability measures, forced access, and break-up.

The book was awarded the 2022 Concurrences Ph.D. Award in Law.

Samson Y. Esayas begins by identifying key shifts in big data: the growing trend of processing personal data for diverse purposes, the aggregation of data across various operations, and the shift from offering stand-alone products and services to ecosystems of several, with personal data central in connecting the different markets. These shifts engender a complex economic landscape, marked by multiple actors, a web of interactions, and non-linear, emergent outcomes. Despite this complexity, the prevailing approach to data privacy law and competition law emphasises isolated units of analysis-whether a relevant market or a distinct processing operation. This approach overlooks system-wide (emergent) risks borne of cumulative processing operations and cross-market practices. Additionally, a mindset focused on either data privacy law or competition law overlooks the increasing intersection between the two regimes, missing opportunities for synergy.

In light of these challenges, Esayas's volume calls for recalibrating data privacy law and competition law for a complex economy, emphasizing a holistic, systems-level perspective that addresses emergent harms and a polycentric strategy that leverages the strengths of each legal regime.

In his new book, Professor Gönenç Gürkaynak dissects the complex relationship between competition and innovation, and attempts to optimize intervention in merger control, advocating for a case-by-case analysis under certain principles explored in the book. He powerfully challenges presumptions in merger control, based on his analysis of 80 merger control decisions in three major jurisdictions, and exhaustive research on academic literature.

'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.' Ali Nikpay, Gibson, Dunn & Crutcher LLP

This unique book is designed as a working tool for the study and practice of European competition law, focused on case law analysis. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by useful analysis and commentary.

The 8th edition includes recent judgments from the European Court of Justice and decisions from the European Commission on the scope of object and effects-based analysis, abuse of dominance, and merger control. It examines developments in regulation and the interface between new instruments, such as the DMA and DSA and competition law enforcement.