The Dilemmas of the 2023 Merger Guidelines

by bacenter | Nov 21, 2024 | Working Papers

Through their new Merger Guidelines of adopted in December 2023 (MG), the Department of Justice (DOJ) and the Federal Trade Commission (FTC) (jointly, the Agencies) aim to solidify the New-Brandeisian structuralist approach to markets to embrace the “big is bad”...

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

by bacenter | Nov 18, 2024 | AI Policy & Regulation, Intellectual Property Rights, Working Papers

The fourth industrial revolution is based on two main elements: development of cutting-edge technologies with the wide-spread use of Artificial Intelligence (AI) and the growing significance of data. Competition enforcement law should reflect these economic and...

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

by bacenter | Nov 13, 2024 | Data, Trade & National Security, Intellectual Property Rights, Working Papers

In the ongoing antitrust case United States v. Google LLC, the central question is whether Google’s agreements to secure default status for its search engine with device manufacturers like Apple, browser developers and mobile carriers are part of a strategy to...

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

by bacenter | Oct 28, 2024 | Working Papers

Recently, the European Commission published a communication indicating amendments to its Article 102 TFEU Guidance Paper in light of the latest EU Courts’ judgments on exclusionary abuses. In the Amended Guidance and the Policy Brief, the Commission provides some...

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

by bacenter | Oct 28, 2024 | AI Policy & Regulation, Working Papers

This paper examines the transformative potential and challenges of foundation models (FMs) in artificial intelligence (AI) and their implications for competition and consumer protection. It focuses on the pivotal role of the UK’s Competition and Markets...

The TRIPS Agreement in the Face of IP Judicial Fragmentation

by bacenter | Oct 25, 2024 | Data, Trade & National Security, Intellectual Property Rights, Working Papers

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 parties race for favorable venues and block infringement actions, this...