Publications

GW LAB Working PAPER SERIES

 

44

The 'Crisis' of Antitrust Economics

Authored by: Padilla, Jorge

The 'Crisis' of Antitrust Economics

PC

The European Commission’s Draft Article 102 Guidelines Under Fire: Examining the Substance and the Roots of the Criticism

Authored by: Marinova, Miroslava

The European Commission’s Draft Article 102 Guidelines Under Fire: Examining the Substance and the Roots of the Criticism

The Dilemmas of the 2023 Merger Guidelines

The Dilemmas of the 2023 Merger Guidelines

Authored by: Portuese, Aurelien

The Dilemmas of the 2023 Merger Guidelines

Isabella Lorenzoni

From the More Economic Approach to the More Digital and Data-Driven (DDD) Approach: Enforcing Competition Law in the Digital Era

Authored by: Isabella Lorenzoni

From the More Economic Approach to the More Digital and Data-Driven (DDD) Approach: Enforcing Competition Law in the Digital Era

The Battle for Search

The Battle for Search: United States v. Google LLC and Its Implications for Antitrust Law

Authored by: Marinova, Miroslava

The Battle for Search: United States v. Google LLC and Its Implications for Antitrust Law

Balancing Innovation and Regulation: Evaluation of the CMA’s Report on AI Foundation Models and their impact on competition and consumer protection

Balancing Innovation and Regulation: Evaluation of the CMA’s Report on AI Foundation Models and their impact on competition and consumer protection

Authored by: Marinova, Miroslava

Balancing Innovation and Regulation: Evaluation of the CMA’s Report on AI Foundation Models and their impact on competition and consumer protection

Rethinking the As-Efficient Competitor Test: Assessing the wider impact of the CJEU’s Judgment in Unilever and its Implications in Shaping the European Commission's agenda to Reform Article 102 TFEU

Rethinking the As-Efficient Competitor Test: Assessing the wider impact of the CJEU’s Judgment in Unilever and its Implications in Shaping the European Commission's agenda to Reform Article 102 TFEU

Authored by: Marinova, Miroslava

Rethinking the As-Efficient Competitor Test: Assessing the wider impact of the CJEU’s Judgment in Unilever and its Implications in Shaping the EU

TRIPS Agreement

The TRIPS Agreement in the Face of IP Judicial Fragmentation

Authored by: Borgogno, Oscar

This working paper examines the global rise of antitrust litigation over IP-related ASIs, a tool with extraterritorial impact that limits patent enforcement on standard essential technologies. As...

Refining Potential Future Competition Display Image

Refining Future Potential Competition: The Doctrine Allowing Courts to Protect Innovation

Authored by: Landman, Lawrence B.

Future Potential Competition is the new doctrine courts must use so they can decide when they should act to protect competition in Future Markets.

Drone

Navigating The Skies of Regulation and Innovation: The Case of Civil Drones

Authored by: Portuese, Aurelien

The deployment of Unmanned Aerial Vehicles (UAVs), colloquially known as civil drones, necessitates an in-depth analysis of regulatory frameworks to understand their impact on market competition and...

AI

A Bottom-Up Proposal for Coordinated International AI Supervision

Authored by: Borgogno, Oscar

Artificial Intelligence (AI) is poised to permeate across different industry sectors, offering unprecedented opportunities alongside significant risks. Effective governance necessitates coordinated...

EU

Three Stress Tests for the Future of European Antitrust Policy

Authored by: Portuese, Aurelien

Stress tests are important. They assist doctors in detecting heart abnormalities, financiers in anticipating financial shocks, and engineers in learning about the hidden vulnerabilities of operating...

Taj Mahal

Overview of India's Digital Competition Bill, 2024

Authored by: Bulchandani, Lokesh

On March 12, 2024, the Indian Ministry of Corporate Affairs released the draft report of the Committee on Digital Competition Law along with a draft bill on the Digital Competition Act for public...

Disruption

Disruptive Innovation and Antitrust

Authored by: De Streel, Alexandre, Authored by: Larouche, Pierre

Ever since the decisions of US and EU antitrust authorities in Microsoft at the turn of this century, there is some unease as to the effectiveness of competition or antitrust law enforcement when and...

Evidence

Admissibility of Expert Economic Evidence In Competition Litigation

Authored by: Veljanovski, Cento

‘In matters of opinion I very much distrust expert evidence’, Lord Jessel MR (1873)

Disruption

Understanding Dynamic Competition

Authored by: David Teece

This paper sees the opportunity for improving competition policy within existing legal frameworks if economic and business analysis can become more dynamic.

EC

Fairness and Contestability in The Provision of Software Application Store Services

Authored by: Padilla, Jorge

On 4 March 2024, the European Commission (‘Commission’) fined Apple 1.8 billion euros for abusing its dominant position on the market for the distribution of music streaming apps to iPhone and iPad...

SA

Recent Application Of The Prima Facie Standard Of Proof In Interim Relief Applications Before Competition Authorities

Authored by: Tshabalala, Mpumi

South Africa is currently experiencing a new surge of interim relief applications that has followed the 2019 Amendment to the Competition Act.

DMCC

The UK’s Digital Market Regulation: The Need for a Proportionality Principle in the CMA’s New Framework

Authored by: Marinova, Miroslava

The application of the principle of proportionality in competition law enforcement is of utmost importance. However, there are concerns regarding its effective implementation under the DMCC Bill,...

Teams

The EU’s Investigation Into Microsoft Teams: A Preliminary Assessment

Authored by: Bergqvist, Christian

EU has opened an antitrust investigation into Microsoft's policy of including the communication software Teams in its Office 365 packages. Very little is known about the case and the alleged...

Picture

Rethinking the Legal Test for Excessive Pricing

Authored by: Miroslava Marinova

The legal treatment of excessive pricing in the pharmaceutical sector has been a topic of intense debate.

FTC

Draft for an FTC Policy Statement on the Prohibitions Against 'Unfair' Business Conduct

Authored by: Neil Averitt

Section 5 of the Federal Trade Commission Act prohibits unfair conduct in commercial practices. The core prohibitions are the bans on “unfair methods of competition” and on “unfair or deceptive acts...

stock profit analysis

Hayekian Competition Policy - A Historical Perspective

Authored by: Cento Veljanovski

Friedrich A. Hayek's (1899–1992) work on competition policy has been neglected.

Two people shaking hands

Competition Between Antitrust Agencies: ‘What Determinants Influence Antitrust Agencies' Leadership Ambitions?'

While antitrust agencies regulate competition dynamics there is ample evidence that they also engaging in competition amongst their peer agencies to determine which agency is considered the most...

abstract image of digitization and ai

Competition and Generative AI: A contribution to the European Commission’s debate

Authored by: Rafael Parisi

With the purpose of contributing to the European Commission’s (EC) call for papers, this essay aims to provide insights on the role and importance of data for generative AI.

ai reach

Competition in the Age of Generative AI

Authored by: Abraham Song

The Age of Generative AI has arrived with ChatGPT in 2022. A race for dominance is on and it is clear that the technology will dramatically transform our societies and economies.

DAO - Decentralized autonomous organization

Decentralised Autonomous Organizations: Targeting the Potential Beyond the Hype

Authored by: Oscar Borgogno and Edoardo Martino

Decentralised Autonomous Organisations (DAOs) aim at innovating the organization forms for business activities.

capital building

Potential Competition and the 2023 Merger Guidelines

Authored by: Richard J. Gilbert and A. Douglas Melamed

The Department of Justice and Federal Trade Commission 2023 Merger Guidelines arrived just before Christmas, bringing cheer to advocates of heightened merger enforcement and coal for others more...

federal trade commission

Antitrust For Innovation: A Progress Report

Authored by: Richard J. Gilbert and A. Douglas Melamed

Economists have long understood that innovation has a far more significant impact on economic welfare than the deadweight loss from prices that exceed levels in competitive markets or from other...

brazil flag

Comments to the Brazilian Ministry of Economy’s Consultations on Digital Platforms Regulation

Authored by: Rafael Parisi

With the purpose of contributing with the Ministry of Economy’s consultations on the regulation of digital platforms (Consultations No. 1, from the Secretariat of Economic Reform of the Ministry of...

stock profit analysis

Dynamic Competition and Antitrust: Quick-Look Inferences From the Analysis of Big Tech's R&D Expenditure Ratios

Authored by: Wong-Erwin, Koren, Authored by: Padilla, Jorge

In this essay we discuss the proposition, held by many economists and legal scholars, that with dynamic competition—i.e., competition for the market through sequential winner-take-all races won...

DAO and tech

Towards Legal Recognition of Decentralised Autonomous Organisations

Authored by: Aaron M. Lane, Darcy W.E. Allen & Chris Berg

Decentralised Autonomous Organizations (DAOs) are a typical organisation form in the web3 economy.

European Union flags in front of office building

Making Sense of EU Merger Control: The Need for Limiting Principles

Authored by: Aurelien Portuese

For many apparent reasons, merger control in the European Union (“EU”) has traditionally been centralized at the level of the European Commission.

US patent office

Antitrust and Intellectual Property Rights: Toward a New Schumpeterian Approach

Authored by: Aurelien Portuese

The protection of intellectual property rights is worsening, but populist antitrust enforcement is expanding.

bridge in brazil

The Regulation of Competition in Brazil: Comments on the Digital Markets Law Bill (PL 2768/2022)

Authored by: Rafael Parisi

The bill presently under consideration in the Brazilian Congress, referred to as Bill No. 2768/2022 (hereafter “the Bill”), merits a reevaluation due to its potential adverse consequences on...

Department of Justice building in Washington, DC

Precautionary Antitrust: The Changing Nature of Competition Law

Authored by: Aurelien Portuese

An underlying craze over the last few years surfaced abruptly.

Federal Trade Commission

New DOJ-FTC Merger Guidelines: Opportunities and Strategies for Merging Parties

Authored by: Jeremy Sandford & Koren Wong-Ervin

On December 18, 2023, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly released the final version of the Merger Guidelines. While the contours of the Guidelines...

GW LAB BLOG POSTS

 

PC

Public Comments on the Draft Guidelines on the Application of Article 102 TFEU to Exclusionary Abuses

Authored by: Marinova, Miroslava

Reply to the European Commission Public Consultation on the Draft Guidelines on the Application of Article 102 TFEU to Exclusionary Abuses

A Comparative Analysis of Hungary and the U.S.

Fighting children’s social media addiction in Hungary and the US

Authored by: Mónika Mercz

Fighting children’s social media addiction in Hungary and the US

Antitrust News of the Year: Peru

Antitrust News of the Year: Peru's National Multisectoral Competition Policy is Coming

Authored by: Camacho Ordóñez, Mariana

Antitrust News of the Year: Peru's National Multisectoral Competition Policy is Coming

Talks on DMA's brussels effect

Talks on the DMA's Brussels Effect

Authored by: Mónika Mercz

Blogpost on Talks on the DMA's Brussels Effect