DELINEATING DIGITAL MARKETS IN ANTITRUST CONTEXTS

A Note by Lindsey Robin

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As digitization and technology increasingly affect all aspects of life, law makers and academics alike continue to consider how antitrust law can be applied to digital markets. Concerns over big data, data security, monopolization, privacy, and unfair competition practices have garnered much attention across the globe in the last decade.[1] How and whether antitrust law should effectively address these concerns remains a hotly debated topic in the antitrust community.

[1] See generally, Benjamin M. Fischer, The Rise of the Data-Opoly: Consumer Harm in the Digital Economy, 99 Wash. U. L. Rev. 729 (2021); Mason Marks, Biosupremacy: Big Data, Antitrust, and Monopolistic Power over Human Behavior, 55 U.C. Davis L. Rev. 513 (2021); Joshua P. Zoffer, Short-Termism and Antitrust’s Innovation Paradox, 71 Stan. L. Rev. Online 308 (2019)… Read the rest

Consolidation in the Agricultural Manufacturing Industry: Does John Deere’s Proposed Buyout of Precision Planting Violate Section 7 of the Clayton Act?

By Ryan Harding

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In the fall of 2015, John Deere attempted to buy Precision Planting: a specialty manufacturer of precision planting equipment. The government objected to this sale under Section 7 of the Clayton Act. This Note will examine the technology of John Deere and Precision Planting and determine whether the acquisition of Precision Planting by Deere is legal. Finally, this Note will recommend that the government take further action to prevent continued consolidation in the agricultural manufacturing industry.… Read the rest

Antitrust Activism

I.        Introduction

Recent antitrust activity showed relevant cases moving forward in a reminder that antitrust can be one of the most effective legal measures to put some limit to an era of globalization that has raised many criticisms.The current economic crisis that –under a formal view- began in 2008 with the falling of Lehman Brothers, ringed many bells in connection with the so called Too Big To Fail Companies.[1] Several claims and some proposals to limit the size of those companies were raised but no new regulation was enacted yet. In these circumstances, antitrust activism could be seen as the only effective way to restrict the size or somehow limit the growing potential of companies.

II.      Europe and Microsoft: an old claim comes to an end

In 1997 Antitrust proceedings were initiated against Microsoft in regard to Internet Explorer, its web browser. The argument was that, since the Internet Read the rest