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10 Ways US and EU antitrust enforcement differs

Summary:
The European system is: • driven by competitor complaints. • run by politicians rather than antitrust professionals. • conceived of as regulation, not as law enforcement. • grounded in a skepticism of markets. • lacks the due process of US court proceedings. • allows for appeal, but only after modifying conduct. • lacks the burden of proof of an adversarial system. • does not impeach unsound theories. • has a low bar for anticompetitive effects. • receptive to leveraging theories. • does not recognize competition on the merits. Antitrust and Tech: Europe and the United States Differ, and It Matters 8 Pages Posted: 4 Sep 2019 Gregory J. Werden unaffiliated Luke M. Froeb Vanderbilt University - Owen Graduate School of Management Date Written: August 26, 2019 Abstract European

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The European system is:
• driven by competitor complaints.
• run by politicians rather than antitrust professionals.
• conceived of as regulation, not as law enforcement.
• grounded in a skepticism of markets.
• lacks the due process of US court proceedings.
• allows for appeal, but only after modifying conduct.
• lacks the burden of proof of an adversarial system.
• does not impeach unsound theories.
• has a low bar for anticompetitive effects.
• receptive to leveraging theories.
• does not recognize competition on the merits.

Antitrust and Tech: Europe and the United States Differ, and It Matters
8 Pages Posted: 4 Sep 2019

Gregory J. Werden

unaffiliated

Luke M. Froeb

Vanderbilt University - Owen Graduate School of Management

Date Written: August 26, 2019

Abstract

European enforcers have brought high-profile antitrust cases against the tech giants, and both activists and members of Congress are calling for action in the United States. This short note identifies ten hard-wired differences between the European and American enforcement regimes that make very it difficult for the US antitrust enforcement agencies to emulate their European counterparts. This note also identifies a few other points of contrast between Europe and the United States that affect antitrust enforcement against tech giants going forward.

Keywords: tech giants, antitrust

JEL Classification: K21, L41

Suggested Citation:


Werden, Gregory J. and Froeb, Luke M., Antitrust and Tech: Europe and the United States Differ, and It Matters (August 26, 2019). Available at SSRN: https://ssrn.com/abstract=3442798

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