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

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

by bacenter | Feb 25, 2024 | Data, Trade & National Security, Working Papers

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 through significant innovation—it is natural and not an indication of...
New DOJ-FTC Merger Guidelines: Opportunities and Strategies for Merging Parties

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

by bacenter | Jan 6, 2024 | Working Papers

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 largely follow the prior draft version, continuing to represent an...
Precautionary Antitrust: The Changing Nature of Competition Law

Precautionary Antitrust: The Changing Nature of Competition Law

by bacenter | Jan 6, 2024 | Working Papers

An underlying craze over the last few years surfaced abruptly. In a matter of months, the United States techlash has come to the fore with great vigor. On October 6th of, 2020, David Cicilline (D-RI), chairman of the House Judiciary antitrust subcommittee, issued a...
The Regulation of Competition in Brazil: Comments on the Digital Markets Law Bill (PL 2768/2022)

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

by bacenter | Jan 6, 2024 | Working Papers

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 competition and innovation in Brazil. This is particularly true due to its...
Antitrust and Intellectual Property Rights: Toward a New Schumpeterian Approach

Antitrust and Intellectual Property Rights: Toward a New Schumpeterian Approach

by bacenter | Jan 6, 2024 | Intellectual Property Rights, Working Papers

The protection of intellectual property rights is worsening, but populist antitrust enforcement is expanding. Both tendencies inhibit the process of innovation. An alternative approach to antitrust and intellectual property is both conceivable and essential. Rising...
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Recent Posts

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  • Platform Power and Digital Regulation: Global Lessons, Local Realities – Esin Aygun
  • The Future of Competition Law in a Rapidly Changing Global Order – Antonio Capobianco
  • Draft Technology Transfer Guidelines Further Show that the Future Markets Model is the Administrable Framework for Protecting Innovation
  • No Doctor, No Problem: The Benefits of Innovation Expanding OTC Drug Access

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