Platforms, Power, and the Antitrust Challenge: A Modest Proposal to Narrow the U.S.-Europe Divide
Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law.
"This Article is a comparative analysis of U.S. and EU law regarding monopolization/abuse of dominance as background to understanding why EU law is aggressive and U.S. law may be meek in the treatment of the big tech platforms."
American Express, the Rule of Reason, and the Goals of Antitrust
Harry First, Charles L. Denison Professor of Law, New York University School of Law.
"[I]n this Article I argue that the Court’s opinion muddled the rule of reason analysis instead of advancing it and misused the concept of 'market' along the way."
Lessons from Amex for Platform Antitrust Litigation
Evan Chesler, Chairman, Cravath, Swaine & Moore, LLP, & David Korn, Associate, Cravath, Swaine & Moore, LLP.
"This Article, written one year after the [Amex] decision, highlights several lessons from the [Amex] Court . . . [and] also addresses some of the criticisms and misperceptions surrounding the decision."
AmEx and Post-Cartesian Antitrust
Justin (Gus) Hurwitz, Associate Professor of Law and Co-Director, Space, Cyber, and Telecom Law Program, University of Nebraska College of Law.
"The Court’s American Express opinion is not narrowly about whether (or how) antitrust law should embrace the theory of two-sided markets. Rather, I argue that this opinion is part of the Court’s ongoing efforts to understand how antitrust law should evaluate markets that are not neatly 'horizontal' or 'vertical.'"
Platforms, American Express, and the Problem of Complexity in Antitrust
Chris Sagers, James A. Thomas Distinguished Professor of Law, Cleveland State University.
"This Article will ask as an initial question whether the stance taken in American Express was a worthwhile prophylaxis, comparing the cost of its rule to the likelihood that some good was done by giving credit cards this much leeway."
Ecosystem Competition and the Antitrust Laws
Daniel A. Crane, Frederick Paul Furth, Sr. Professor of Law, University of Michigan.
"In this Article, I will first flesh out each of the three examples of ecosystem competition, then discuss the effects of ecosystem competition on consumer welfare, and finally turn to legal questions concerning the potential relevance of ecosystem competition to antitrust law."
The Evolution of Antitrust Doctrine After Ohio v. Amex and the Apple v. Pepper Decision That Should Have Been
Geoffrey A. Manne, Founder and President of the International Center for Law & Economics (ICLE), & Kristian Stout, Associate Director at ICLE.
"A crucial implication of the Amex decision is that participants on both sides of a transactional platform are part of the same relevant market, and the terms of their relationship to the platform are inextricably intertwined."
Disaggregating Market Definition: AmEx and a Plural View of Market Definition
Daniel Francis, Associate Director for Digital Markets, Bureau of Competition, FTC, & Jay Ezrielev, Economic Advisor, Office of the Chairman, FTC.
"In this Article, we set out one account of what AmEx could mean for market definition in future antitrust cases."
Digital Platforms and the Leverage Problem
Patrick F. Todd, Herbert Smith Freehills LLP
"This Article analyzes the historical origins and Chicago critique of the leverage doctrine and how these informed the development of antitrust policy."
Restorative Justice and Youth Offenders in Nebraska
Kristen M. Blankley, Associate Professor, University of Nebraska & Alisha Caldwell Jimenez, Restorative Justice Program Analyst for the Nebraska Supreme Court’s Office of Dispute Resolution
"This Article primarily serves as a case study for the recently implemented VYC program utilized in Nebraska for youth offenders both in schools and in the community."
The Dollar’s Deadly Laws That Cause Poverty and Destroy the Environment
Christopher P. Guzelian, Assistant Professor, Department of Finance and Economics, McCoy College of Business Administration, Texas State University
"This Article examines implications of these four legally entrenched aspects of the modern dollar—fiat money, legal tender, functional currency, and non-fiat money bans."
Showcase Panel I: What Is Regulation For?
Panelists: Richard Epstein, Philip Hamburger, Kathryn Kovacs, Jon D. Michaels, and Britt Grant
"There are robust debates, which we will experience first-hand here today about whether the administrative state . . . is a threat to liberty or a guarantor of liberty, whether the direction that the administrative state has gone is a turn away from its originally correct role . . . or is the inevitable fulfillment of the headless monster that is the fourth branch of government."