Issues

How Innovative Are Innovations? A Multidimensional, Survey-Based Approach

Innovation can be difficult to measure, and some major technical advances have less impact on social welfare than expected. Surveys of innovation should consider five key factors in assessing the importance of an innovation.

Restrictions on Privacy and Exploitation in the Digital Economy: A Market Failure Perspective

Digital platforms collect consumer data by default. Changing the default setting to require to consumers to “opt-in” to allow use of their data could create a market in data, but large platforms would still enjoy too much market power.

Antitrust Policy Toward Patent Licensing: Why Negotiation Matters

Some are concerned that patents for complex innovations give rise to problems such as royalty stacking or patent thickets. However, empirical data shows that patent pools and negotiation of patent licenses tend to eliminate these concerns.

Nascent Competitors

Large incumbent firms may take steps to eliminate innovative nascent competitors, either by merger or by excluding them from the market.

Digital Platforms and Antitrust

Digital platforms create value for users and make markets more efficient. But some platforms gain excessive market power. Antitrust agencies and regulators must adopt new methods to preserve the benefits of platforms but reduce harm.

Competing in the Age of AI

Artificial Intelligence (AI) enables the rapid growth of a new type of firm. Many traditional firms now compete directly with AI-based firms. Business strategies and competitive processes are changing.

Privacy Regulation and Innovation Policy

Some claim that privacy regulation threatens innovation, but regulation is appropriate to correct market failures. Privacy regulation could help align markets and ensure that innovation is consistent with social values.

The Portability and Other Required Transfers Impact Assessment (PORT-IA): Assessing Competition, Privacy, Cybersecurity, and Other Considerations

One key legal question is whether data should move from A to B, or be prevented from moving from A to B. Requiring the transfer of data can be harmful in some ways and beneficial in others.

The Global Dominance of European Competition Law Over American Antitrust Law

The European Union (EU) and the United States differ in their approach to competition law. Worldwide, more nations emulate the EU's approach. 

Platforms, Power and the Antitrust Challenge: A Modest Proposal to Narrow the U.S.–Europe Divide

Tech platforms like Facebook and Google dominate the new economy. European Union (EU) authorities are more aggressive than those in the United States in using competition law against tech platforms.