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...
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...
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...
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...
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...
by bacenter | Jan 6, 2024 | Working Papers
For many apparent reasons, merger control in the European Union (“EU”) has traditionally been centralized at the level of the European Commission. In addition to providing legal certainty, a one-stop shop precludes a Balkanization of merger control in the EU, which...
