PUBLICATIONS & PRESENTATIONS
ALLEN P. GRUNES
“Mobile Competition in the Age of the Internet of Things,” panelist, Developers Alliance, Washington, D.C., March 29, 2017
“L’application du droit de la concurrence au secteur numérique,” panelist, Université Paris Ouest Nanterre La Défense, Paris, France, November 17, 2016
“Big data: individual rights and smart enforcement,” presenter, EDPS-BEUC Joint Conference, Brussels, Belgium, September 29, 2016
“Dominant Platforms Under the Microscope: Policy Approaches in the US and EU,” panelist, the Capitol Forum and the George Washington Institute of Public Policy, Washington D.C., September 19, 2016
“New Developments in Private Merger Litigation,” panelist, 17th Annual Conference, American Antitrust Institute, Washington, D.C., June 16, 2016
“Debunking The Myths Of Anthem’s And Cigna’s Market Power,” co-author with Maurice E. Stucke, Law360, May 9, 2016
“Big Data and Competition Policy,” presenter, 16th Annual Loyola Antitrust Colloquium, Chicago, IL, April 15, 2016
“A Closer Look At The Anthem-Cigna Merger,” co-author with Maurice E. Stucke, Law360, February 18, 2016
“Privacy, Big Data and the Intersection with Competition Law: New Issues of Importance to In House Counsel,” panelist, Institute for Corporate Counsel, Los Angeles, CA, December 2, 2015
“Overlapping Ownership by Institutional Investors: A Legal Perspective,” co-author with David L. Meyer, Transportation and Energy Industries Committee, ABA Section of Antitrust Law, Fall 2015
“Tracking not allowed (unless you’re Google),” The Agenda, POLITICO, October 1, 2015
“Public Enforcement: The Department of Justice,” presenter, Antitrust and the 2016 Presidential Transition, American Antitrust Institute, Washington, D.C., June 18, 2015
“Competition, Consumers, and Big Data,” panelist, Antitrust in the Americas, ABA Section of Antitrust Law and IBRAC, Rio de Janeiro, Brazil, June 11, 2015
“Marketing and Public Policy in a Data-Rich Environment,” panelist, Marketing and Public Policy Conference, American Marketing Association, Washington, D.C., June 5, 2015
“Debunking the Myths over Big Data and Antitrust,” co-author with Maurice E. Stucke, Competition Policy International’s CPI Antitrust Chronicle, May 2015 (2)
“No Mistake About It: The Important Role of Antitrust in the Era of Big Data,” co-author with Maurice E. Stucke, Antitrust Source, April 2015
“Public Policy Briefing on Big Data, Privacy, and Antitrust,” panelist, Law and Economics Center, George Mason University School of Law, Arlington, VA, March 18, 2015
“Google’s Quiet Dominance Over The ‘Ad Tech’ Industry,” Forbes, February 26, 2015
“Dancing Around Data,” co-author with Maurice E. Stucke, The Hill, December 10, 2014
“The U.S. Airways-American Airlines Merger: The View from Washington, D.C.,” moderator, Bar Association of the District of Columbia teleconference, November 12, 2014
“Next Steps in the Google Investigations,” panelist, FairSearch program, Washington, D.C., September 9, 2014
“Mergers and the Hart Scott Rodino Act,” presenter, Brownstein Hyatt Farber Schreck, Denver, CO, August 22, 2014
“Rigging Bids on the Courthouse Steps: Real Estate Cartels,” moderator, ABA Section of Antitrust Law, July 16, 2014
Testified before House Judiciary Committee, Subcommittee on Regulatory Reform, Commercial and Antitrust Law, hearing on “Competition in the Video and Broadband Markets: The Proposed Merger of Comcast and Time Warner Cable,” May 8, 2014
Commentary, “Another ‘Too Big to Fail’ Merger from Comcast’s Playbook,” co-author with Maurice E. Stucke, Roll Call, April 17, 2014
“The Beneficent Monopolist,” co-author with Maurice E. Stucke, CPI Antitrust Chronicle, April 2014
Contributing Author, ABA Section of Antitrust Law, Econometrics: Legal, Practical and Technical Issues, Second Edition, March 2014
“Crossing the Rubicon: Why the Comcast/Time Warner Cable Merger Should Be Blocked,” co-author with Maurice E. Stucke, Global Competition Review, February 25, 2014
“International Trends in Private Enforcement of Competition Law,” panelist, Korea University ICR Law Center, Seoul, South Korea, November 1, 2013
“Another Look at Privacy,” 20 George Mason Law Review 1107 (Summer 2013)
“Privacy and Competition Policy,” panelist, 16th Annual Symposium on Antitrust Law, Privacy Regulation and Antitrust, George Mason University School of Law, Arlington, VA, January 17, 2013
“The Next Big Thing,” Competition Policy International’s CPI Antitrust Chronicle, December 2012 (1)
“In Search of Google’s Red Herrings,” Law360, October 30, 2012
“A TechFreedom Debate: Should the FTC Sue Google Over Search?” participant, Washington, D.C., September 28, 2012
“The Liberties and Risks of Collective Entities,” moderator, 13th Annual Conference: Civil Liberties and Competition Policy, American Antitrust Institute, Washington, D.C., June 21, 2012
“Search, Duties to Deal, and Essential Facilities,” panelist, Henry G. Manne Program in Law & Economics, George Mason School of Law, Second Annual Conference on Competition, Search, and Social Media, Arlington, VA, May 16, 2012
“The AT&T/T-Mobile Merger: What Might Have Been,” co-author with Maurice E. Stucke, Journal of European Competition Law & Practice, Vol. 3, No. 2 (2012)
“Media Concentration in a Global Digital Universe,” panelist, University of Tennessee College of Law Entertainment Law Conference, Knoxville, TN, March 31, 2012
“Antitrust Review of the AT&T/T-Mobile Transaction,” co-author with Maurice E. Stucke, 64 Fed. Comm. L.J. 47 (2011)
“Why More Antitrust Immunity for the Media is a Bad Idea,” co-author with Maurice E. Stucke, 105 Nw. U. L. Rev. 1399 (2011) (previously published in the Northwestern University Law Review Colloquy)
“A Roundtable Discussion of United States v. AT&T (2011),” panelist, ABA Section of Antitrust Law, Washington, D.C., September 27, 2011
“AT&T’s Miscalculations: The company did not expect the level of opposition it would face in pushing through the T-Mobile merger,” National Law Journal, September 12, 2011
“Buyer Power and Merger Policy,” discussant, 11th Annual Loyola Antitrust Colloquium, Chicago, IL, April 29, 2011
“2011 Symposium on Associations and Antitrust,” program chair, Bar Association of the District of Columbia, Washington, D.C., February 10, 2011
“Handbook on Interlocking Directorates,” contributing editor, ABA Section of Antitrust Law, 2011
“Why is the Government Leaving Taxpayer Money on the Table?” ABA Section of Antitrust Law, Business Torts & RICO News, Vol. 6, Issue 4 (Fall 2010)
“Plurality of Political Opinion and the Concentration of the Media,” general reporter, The XVIIIth International Congress of Comparative Law, American University Washington College of Law, Washington, D.C., July 31, 2010
“Competitor Collaborations to Aid Journalism,” panelist, Federal Trade Commission Workshop on the Future of Journalism, March 9-10, 2010
“Scarcity, Diversity, Efficiency: Media Structure Regulation Reconsidered,” presentation at “Rethinking Media Policy in the Age of New Media” program, Quello Center Communications Law and Policy Symposium, The National Press Club, Washington, D.C., May 19, 2009
“Toward a Better Competition Policy for the Media,” co-author with Maurice E. Stucke, 42 Conn. L. Rev. 101, 2009
“Media, Markets, Advertising and Antitrust,” Annual Meeting of the New York State Bar Association, January 29, 2009
“Antitrust and the Marketplace of Ideas,” co-author with Maurice E. Stucke, 69 Antitrust L.J. 249, 2001
“Exclusion of Plaintiffs from the Courtroom in Personal Injury Actions: A Matter of Discretion or Constitutional Right?” 38 Case W. Res. L. Rev. 387, 1987-88
MAURICE E. STUCKE
Virtual Competition: The Promise and Perils of the Algorithm-Driven Economy (Harvard University Press 2016) (with Ariel Ezrachi)
Big Data and Competition Policy (Oxford University Press 2016) (with Allen P. Grunes)
Online Platforms and the EU Digital Single Market, prepared for the U.K. House of Lords, Internal Market Sub-Committee (October 16, 2015) (with Ariel Ezrachi)
Submission explores the effects Big Data and technology have on competition dynamics, and reviews the use of technology to facilitate collusion, conscious parallelism, and unilateral price discrimination as well as the effects of online and mobile platforms.
The Implications of Behavioral Antitrust, prepared for the Organisation for Economic Co-operation and Development, Directorate for Financial and Enterprise Affairs, Competition Committee, Hearing on Competition and Behavioural Economics, DAF/COMP/WD(2012)12 (25 July 2012)
The OECD commissioned this report on the implications of behavioral economics on competition policy for its member competition authorities.
When More Is Better and When Less Is More: Behavioral Antitrust and Choice, in Choice—A New Standard for Competition Law Analysis? (Paul Nihoul, Nicolas Charbit, Elisa Ramundo eds., Institute of Competition Law 2016).
Leniency, Whistleblowing and the Individual: Should We Create Another Race to the Competition Agency?, in Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion (Caron Beaton-Wells ed., Hart Publishing 2015).
Greater International Convergence and the Behavioural Antitrust Gambit, in Research Handbook on International Competition Law (Ariel Ezrachi ed., Edward Elgar Publishing 2012).
Behavioral Exploitation and its Implications on Competition and Consumer Protection Policies, in The Pros & Cons of Consumer Protection (Swedish Competition Authority ed., 2012).
What is Competition?, in The Goals of Competition Law (Daniel Zimmer ed., Edward Elgar Publishing 2012).
Discovery in a Global Economy, in International Antitrust Litigation: Conflict of Laws and Coordination (Jürgen Basedow, Stéphanie Francq & Laurence Idot eds., Hart Publishing Oxford 2012).The European Commission financed this research project on the relationship between competition law and private international law.
Plurality of Political Opinion and the Concentration of the Media, in General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIeme Congrès de L'Academie Internationale de Droit Comparé (Karen B. Brown & David V. Snyder eds., Springer 2012) (with Allen P. Grunes).
Are People Self-Interested? The Implications of Behavioral Economics on Competition Policy, in More Common Ground for International Competition Law? (Academic Society for Competition Law ed., Edward Elgar Publishing 2011).
Am I a Price-Fixer? A Behavioral Economics Analysis of Cartels, in Criminalising Cartels: A Critical Interdisciplinary Study of an International Regulatory Movement (Caron Beaton-Wells & Ariel Ezrachi eds., Hart Publishing Oxford 2011).
Diversity in the Media Sector, in American Antitrust Institute, The Next Antitrust Agenda: The American Antitrust Institute's Transition Report on Competition Policy to the 44th President of the United States (2008) (chair of the AAI's media committee).
When Competition Fails to Optimise Quality: A Look at Search Engines, 18 Yale Journal of Law & Technology 70 (2016) (with Ariel Ezrachi).
Curious Case of Competition and Quality, 3 Journal of Antitrust Enforcement 227 (2015) (with Ariel Ezrachi).
Debunking the Myths over Big Data & Antitrust, CPI Antitrust Chronicle, May 2015 (2) (with Allen P. Grunes).
No Mistake About It: The Important Role of Antitrust in the Era of Big Data, 14 Antitrust Source (2015) (with Allen P. Grunes).
In Search of Effective Ethics & Compliance Programs, 39 Journal of Corporation Law 769 (2014).
How Can Competition Agencies Use Behavioral Economics?, 59 Antitrust Bulletin 695 (Winter 2014) (invited contribution to symposium).
Looking at the Monopsony in the Mirror, 62 Emory Law Journal 1509 (2013).
Discovery under 28 United States Code Section 1782, Concurrences 2-2013 (2013) (invited contribution to symposium).
Should Competition Policy Promote Happiness?, 81 Fordham Law Review 2575 (2013) (invited contribution to symposium). Featured in Andrew Longstreth, Can Antitrust Policy Make Us Happy?, Reuters, March 4, 2013.
Is Competition Always Good?, 1 Journal of Antitrust Enforcement 162 (2013) (invited contribution to symposium). Drafted short piece for Oxford University Press's OUPblog (March 25, 2013).
Use of Dominance, Unlawful Conduct, and Causation under Section 36 of New Zealand's Commerce Act 1986: A United States Perspective, 18 New Zealand Business Law Quarterly 333 (2012) (with Jeffery M. Cross, J. Douglas Richards, and Spencer Weber Waller).
Occupy Wall Street and Antitrust, 85 Southern California Law Review Postscript 33 (2012) (invited contribution to symposium).
Is Intent Relevant?, 8 Journal of Law, Economics & Policy 801 (2012) (invited contribution to symposium).
Behavioral Antitrust and Monopolization, 8 Journal of Competition Law & Economics 545 (2012) (invited contribution to symposium).
The AT&T/T-Mobile Merger: What Might Have Been?, 3 Journal of European Competition Law & Practice 196 (2012) (with Allen P. Grunes).
Reconsidering Antitrust's Goals, 53 Boston College Law Review 551 (2012). Short-listed for Institution of Competition Law's 2012 Antitrust Writing Award.
Why More Antitrust Immunity for the Media Is a Bad Idea, 105 Northwestern University Law Review 1399 (2011) (with Allen P. Grunes). Reprinted from 105 Northwestern University Law Review Colloquy 115 (2010).
Behavioral Antitrust, 86 Indiana Law Journal 1527 (2011) (with Amanda P. Reeves).
Antitrust Review of the AT&T/T-Mobile Transaction, 64 Federal Communications Law Journal 47 (2011) (with Allen P. Grunes).
Reconsidering Competition, 81 Mississippi Law Journal 107 (2011).
How Do (and Should) Competition Authorities Treat a Dominant Firm's Deception?, 63 SMU Law Review 1069 (2010).
Lessons from the Financial Crisis, 77 Antitrust Law Journal 313 (2010) (invited contribution to symposium).
When a Monopolist Deceives, 76 Antitrust Law Journal 823 (2010) (invited contribution to symposium). Cited in West Penn Allegheny Health System, Inc. v. UPMC, 627 F.3d 85 (3rd Cir. 2010).
Toward a Better Competition Policy for the Media: The Challenge of Developing Antitrust Policies That Support the Media Sector's Unique Role in Our Democracy, 42 Connecticut Law Review 101 (2009) (with Allen P. Grunes).
Does the Rule of Reason Violate the Rule of Law?, 42 U.C. Davis Law Review 1375 (2009). Featured in Symposium, Antitrust Marathon: Antitrust and the Rule of Law, 22 Loyola Consumer Law Review 15 (2009).
Should the Government Prosecute Monopolies?, 2009 University of Illinois Law Review 497.
Better Competition Advocacy, 82 St. John's Law Review 951 (2008).
Behavioral Economists at the Gate: Antitrust in the Twenty-First Century, 38 Loyola University Chicago Law Journal 513 (2007).
Morality and Antitrust, 2006 Columbia Business Law Review 443.
Antitrust and the Marketplace of Ideas, 69 Antitrust Law Journal 249 (2001) (with Allen P. Grunes).
Cited in Prometheus Radio Project v. F.C.C., 373 F.3d 372, 470 (3d Cir. 2004) (Scirica, C. J., dissenting in part, concurring in part); United States v. Daily Gazette Co., 567 F. Supp. 2d 859, 868 (S.D.W. Va. 2008).
Essays and Other Articles
Dancing Around Data, The Hill, December 10, 2014 (with Allen P. Grunes).
Another 'Too Big to Fail' Merger From Comcast's Playbook, Roll Call, April 17, 2014 (with Allen P. Grunes).
The Beneficent Monopolist, CPI Antitrust Chronicle, April 2014 (with Allen P. Grunes).
Crossing the Rubicon: Why the Comcast/Time Warner Cable Merger Should Be Blocked, Global Competition Review, February 25, 2014 (with Allen P. Grunes).
A Response to Commissioner Wright's Proposed Policy Statements Regarding Unfair Methods of Competition, CPI Antitrust Chronicle, September 2013.
Teaching Antitrust After the Financial Crisis, 8 Journal of Business & Technology Law 209 (2013) (invited contribution to symposium).
Foreword: The Rise of Behavioral Law and Economics, 13 Tennessee Journal of Business Law 309 (2012). Virtual symposium of several law students' papers from my Behavioral Law and Economics seminar and the Law and Economics