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.


  • November 15, 2018
    9:00 am - 2:00 pm


700 F Street NW, Washington, District of Columbia, 20004, United States