Essential Facilities in Tech: A Poor Match
Many tech commentators have, whether they realize it or not, invoked the “essential facilities doctrine” as a foundational argument for […]
Antitrust law is no stranger to innovation. Former Assistant Attorney General (“AAG”) for the Antitrust Division Joel Klein once remarked that antitrust laws “are just fine, precisely because, unlike most contemporary statutes, they are common-law provisions and, therefore, they are not locked in text or time.” Current AAG for the Antitrust Division Makan Delrahim defended the consumer welfare standard in a speech today that declares the standard robust enough to capture non-price effects like innovation and stating that the law itself is able to innovate. It should come as no surprise that...
