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Dynamic Competition in Antitrust Law
The Horizontal Merger Guidelines are the intellectual cornerstone of modern antitrust law, yet they contain little discussion of innovation or dynamic competition. Although the Merger Guidelines do not constitute law merely by virtue of their promulgation by the agencies, the courts previously ...
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Teece and Sidak on dynamic competition
Knowledge Problem — ... , Josh Wright has organized a forum for discussing whether or not the U.S. federal merger guidelines used by the DOJ and FTC need to be revised, to accompany the public comment process on the question that the agencies have initiated. The commenters are all heavy hitters in antitrust, and so far the remarks have been insightful and thought-provoking. I particularly appreciated the contribution from David Teece and Gregory Sidak on dynamic competition, which included this observation: ...

Sidak and Teece on Dynamic Competition
Organizations and Markets — ... antitrust analysis that favors dynamic competition over static competition would put less weight on market share and concentration in the assessment of market power and more weight on assessing potential competition and enterprise-level capabilities. By embedding recent developments in evolutionary economics, the behavioral theory of the firm, and strategic management into antitrust analysis, one can develop a more robust framework for antitrust economics. Via Truth on the Market (where my colleague Mike Sykuta has joined the blogging team). On a ...

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More on International Law and the Web
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