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Is the Platform Economy Forcing Us to Reconsider Antitrust Enforcement?

The Technology Policy Institute on November 15, 2018 hosted an in-depth look at the changing landscape of antitrust enforcement. The conference, Antitrust and the Platform Economy, will include a full slate of new papers scheduled to be published in the Review of Industrial Organization.

In addition, the conference includes a lunch discussion to mark the fortieth anniversary of Judge Robert Bork’s influential book The Antitrust Paradox. Judge Bork’s work led antitrust enforcement to focus on economic efficiency and consumer welfare rather than effects on competitors. With the rise of antitrust enforcement regimes around the world – as well as the rise of big technology companies – the legacy of The Antitrust Paradox is now being challenged in the United States and abroad.

The agenda was as follows:

9:00 AM – Registration and Continental Breakfast

9:15 AM – Opening Remarks

Noah Phillips, Commissioner, Federal Trade Commission
Moderator: Scott Wallsten, Technology Policy Institute
9:30 AM – Lessons from History

The Dubious Antitrust Argument for Breaking up the Internet Giants
Robert Crandall, Technology Policy Institute
Antitrust in the Internet Era: The Legacy of United States v. A&P
Timothy Muris, George Mason University, Scalia Law School and Sidley Austin
Jonathan Nuechterlein, Sidley Austin
Discussant: Lawrence J. White, NYU Stern School of Business
Moderator: Tom Lenard, Technology Policy Institute
10:30 AM – Multisided Markets, Big Data, and Consumer Welfare

Multisided Markets, Big Data, and a Little Antitrust Policy
Michael Katz, University of California, Berkeley
The Misguided Assault on the Consumer Welfare Standard in the Age of Platform Markets
Douglas Melamed, Stanford Law School
Nicolas Petit, University of Liege, University of South Australia, and Stanford University, Hoover Institution
Discussant – Bruce Kobayashi, Federal Trade Commission
Moderator: Sarah Oh, Technology Policy Institute
11:30 AM – Break

11:40 AM – Platforms and Market Definition

Attention Platforms, the Value of Content, and Public Policy
David Evans, Global Economics Group and University College London
Burdens and Balancing in Multisided Markets: The First Principles Approach of Ohio et at. v. American Express
Joshua Wright and John Yun, George Mason University Scalia Law School
Discussant: Ginger Jin, University of Maryland
Moderator: Tom Lenard, Technology Policy Institute
12:45 PM – Lunch Panel: 40 Years After the Antitrust Paradox

Tim Brennan, University of Maryland, Baltimore County
Susan Creighton, Wilson Sonsini Goodrich & Rosati
Douglas Melamed, Stanford Law School
Timothy Muris, George Mason University, Scalia Law School and Sidley Austin
Moderator: Scott Wallsten, Technology Policy Institute
Video of this event is available here, also check out past events on our YouTube channel.

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