JOURNAL OF LAW & INNOVATION annual symposium
Antitrust at a Crossroads:
The Challenge of Digital Platforms Friday, February 2, 2024 9:00 am - 5:30 pm | Gittis 214
journal of
law & Innovation
Schedule
(all times are eastern standard time)
8:00-9:00 am
Registration and Breakfast
9:00-9:15 am
Welcome
Christopher Yoo, University of Pennsylvania
Melany Amarikwa L’24 and Shashank Sirivolu L’24, JLI Editors-in-Chief Giovanna Massarotto, University of Pennsylvania Carey Law School 9:15-10:15 am
Defining Relevant Markets in Digital Ecosystems Daniel Crane, University of Michigan Law School
commentator: Jonathan Baker, American University Washington College of Law moderator: Christopher Yoo, University of Pennsylvania (1.0 substantive cle credit)
10:30-11:30 am
Digital Competition and Regulation Across Regulators
Bo “Bobby” Zhou, University of Maryland Robert H. Smith School of Business Co-authored with D. Daniel Sokol, USC Gould School of Law and Marshall School of Business commentator: Marina Lao, Seton Hall Law School
moderator: Eleanor Fox, New York University School of Law (1.0 substantive cle credit)
11:45 am-12:45 pm Structural Antitrust Relief Against Digital Platforms Herbert Hovenkamp, University of Pennsylvania
commentator: Daniel Rubinfeld, UC Berkeley School of Law
moderator: Giovanna Massarotto, University of Pennsylvania Carey Law School (1.0 substantive cle credit)
12:45-2:00 pm
Lunch
1:00-1:45 pm
Aviv Nevo, Director of Bureau of Economics, FTC
2:00-3:00 pm
Adaptable Regulatory Platforms for Platform Regulation: The Future Role of the Federal Trade Commission William Kovacic, George Washington University Law School
commentator: Hillary Greene, University of Connecticut School of Law/ Federal Trade Commission
moderator: Justin “Gus” Hurwitz, University of Pennsylvania Carey Law School (1.0 substantive cle credit)
3:15-4:15 pm
The Market for Curators
Jane Bambauer, University of Florida Levin College of Law
commentator: Erika Douglas, Temple University Beasley School of Law moderator: Salil Mehra, Temple University Beasley School of Law (1.0 substantive cle credit)
4:30-5:30 pm
State Antitrust Initiatives
Babette Boliek, Pepperdine University Caruso School of Law
commentator: Harry First, New York University School of Law moderator: Michael Carrier, Rutgers Law School (1.0 substantive cle credit)
5:30 pm
Conclusion
Melany Amarikwa L’24 and Shashank Sirivolu L’24, JLI Editors-in-Chief Christopher Yoo and Giovanna Massarotto
Speaker Bios
Jonathan B. Baker Jonathan B. Baker is Professor of Law Emeritus at American University Washington College of Law and Fellow and Senior Academic Advisor of the Thurman Arnold Project at Yale. He specializes in the areas of antitrust and economic regulation. Professor Baker served as the Chief Economist of the Federal Communications Commission (FCC) from 2009 to 2011, and as the Director of the Bureau of Economics at the Federal Trade Commission (FTC) from 1995 to 1998. Previously, he worked as a Senior Economist at the President’s Council of Economic Advisers, Special Assistant to the Deputy Assistant Attorney General for Economics in the Antitrust Division of the Department of Justice (DOJ), an assistant professor at Dartmouth’s Amos Tuck School of Business Administration, an attorney advisor to the Acting Chairman of the FTC, and an antitrust lawyer in private practice. Professor Baker is the author of The Antitrust Paradigm: Restoring a Competitive Economy, the co-author of an antitrust casebook, past Editorial Chair of Antitrust Law Journal, and a past member of the Council of the American Bar Association’s Section of Antitrust Law. He has published widely in the fields of antitrust law, policy, and economics. Professor Baker has received the Jerry S. Cohen Award for Antitrust Scholarship, American University’s Faculty Award for Outstanding Scholarship, Research, and Other Professional Accomplishments, and the FTC’s Award for Distinguished Service. He has a J.D. from Harvard Law School and a Ph.D. in economics from Stanford University.
Jane Bambauer Jane Bambauer is Professor of Law at University of Florida’s Levin College of Law and the Brechner Eminent Scholar Chair at the university’s College of Journalism and Communications. Professor Bambauer teaches torts, First Amendment law, media law, criminal procedure, and privacy law. Her research assesses the social costs and benefits of Big Data, AI, and predictive algorithms, and her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Her research has been featured in over 20 scholarly publications, including the Stanford Law Review, Michigan Law Review, California Law Review, and Journal of Empirical Legal Studies. Her work has also been featured in media outlets, including the Washington Post, New York Times, Fox News, and Lawfare, where she is a contributing editor. Professor Bambauer currently serves as the Chair of the National AI Advisory Committee Subcommittee on Law Enforcement, and she has previously served as Deputy Director of the Center for Quantum Networks, a multi-institutional engineering research center funded by the National Science Foundation. She holds a B.S. in mathematics from Yale College and a J.D. from Yale Law School.
Babette E. Boliek Babette E. Boliek is a professor at Pepperdine University Caruso School of Law who teaches antitrust, contracts, telecommunications, and corporate law. Her research lies in the fields of antitrust, telecommunications, privacy, and sports law. An expert in the fields of economics and telecommunications, she was selected and served as the Chief Economist of the Federal Communications Commission (FCC) from 2018 to 2019 and as the Deputy Assistant Attorney General for Economic Analysis, U.S. Department of Justice (DOJ), Antitrust Division in 2020-2021. Her research has been published in academic publications and law reviews such as Boston College Law Review, Cornell Law Review, Fordham Law Review, Hastings Law Journal, Emory Law Journal, and the Review of Industrial Organization. Professor Boliek earned her B.A. from California State University Chico, her J.D. from Columbia University School of Law, and her Ph.D. in economics from the University of California Davis. While at Columbia, she was both a Harlan Fiske Stone Scholar and a John M. Olin Fellow for Law and Economics.
Michael A. Carrier Michael A. Carrier is a Board of Governors Professor at Rutgers Law School, where he specializes in antitrust and intellectual property law. He is co-author of the leading IP/antitrust treatise, IP and Antitrust Law: An Analysis of Antitrust Principles Applied to Intellectual Property Law, the author of Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law, and the editor of Critical Concepts in Intellectual Property Law: Competition. He has written more than 140 book chapters and articles in leading law reviews, has been quoted more than 2000 times in the media, and has been cited in courts, including the U.S. Supreme Court. Professor Carrier has testified before the U.S. Food & Drug Administration (FDA), Federal Trade Commission (FTC), National Academies, Senate Judiciary Committee, House Judiciary Committee, and House Energy & Commerce Committee. He is a past chair of the Executive Committee of the Antitrust and Economic Regulation section of the Association of American Law Schools (AALS); was a policy volunteer for the 2020 Biden-Harris campaign; and served on the 2016 ABA Antitrust Section’s Presidential Transition Task Force. Professor Carrier is a graduate of Yale University and Michigan Law School, where he was a book review editor of the law review.
Daniel Crane Daniel Crane is the Richard W. Pogue Professor of Law at the University of Michigan. He is the author or editor of seven books on antitrust law, including The Institutional Structure of Antitrust Enforcement (Oxford University Press, 2011) and many articles and book chapters. His scholarship focuses primarily on antitrust law and economic history. His recent work concerns the relationship between democracy and economic concentration, including a study of the role of monopolies and cartels in facilitating the rise of Nazism. Professor Crane began his academic career at the Benjamin N. Cardozo School of Law, Yeshiva University, and has taught as a visiting professor at New York University School of Law and the University of Chicago Law School. He also taught antitrust law on a Fulbright Scholarship at the Universidade Católica Portuguesa in Lisbon. He is of counsel to Paul, Weiss, Rifkind, Wharton & Garrison LLP and has published two novels, Girl with Egg Basket (DartFrog Books, 2016) and The Crooked Queen (DartFrog Books, forthcoming 2023) and a book of Christian history, Seven Books that Rocked the Church (Hendrickson Press, 2018). He is a graduate of Wheaton College and the University of Chicago Law School.
Erika M. Douglas Erika M. Douglas is an associate professor of law at Temple University Beasley School of Law. Her scholarship focuses on the intersection of antitrust, data privacy, and intellectual property law, with a particular emphasis on the application of legal theory to new technology. Recent work by Professor Douglas appears in law reviews from Yale, University of Virginia, and Notre Dame law schools. Before joining Temple University, Professor Douglas practiced antitrust law at the Silicon Valley office of Covington & Burling LLP, where she represented several large technology companies. Professor Douglas holds an LL.M. (Law, Science and Technology from Stanford University and a J.D. and Honors in Business Administration from University of Western Ontario.
Harry First Harry First is the Charles L. Denison Professor of Law Emeritus at New York University School of Law. He was twice a Fulbright Research Fellow in Japan and taught antitrust as an adjunct professor at the University of Tokyo. From 1999 to 2001, he served as Chief of the Antitrust Bureau of the Office of the Attorney General of the State of New York. Professor First’s scholarly writing includes The Microsoft Antitrust Cases: Competition Policy for the Twenty-first Century (co-authored with Andrew Gavil), the
casebook Free Enterprise and Economic Organization: Antitrust (co-authored with John Flynn and Darren Bush), and various book chapters and law review articles. He is a contributing editor of the Antitrust Law Journal, foreign antitrust editor of the Antitrust Bulletin, a member of the Executive Committee of the Antitrust Section of the New York State Bar Association, and a member of the Advisory Board of the American Antitrust Institute. He holds a J.D. from University of Pennsylvania Carey Law School.
Eleanor M. Fox Eleanor M. Fox is the Walter J. Derenberg Professor of Trade Regulation Emerita at New York University School of Law. An expert in antitrust and competition policy, she teaches, writes, and advises on competition policy in nations around the world and in international organizations. She has a special interest in developing countries, poverty, and inequality, and explores how opening markets and attacking privilege, corruption, and cronyism can alleviate marginalization and open paths to economic opportunity and inclusive development. Professor Fox obtained her law degree from New York University School of Law in 1961 and received an honorary doctorate degree from the University of Paris-Dauphine in 2009. She was awarded an inaugural Lifetime Achievement Award in 2011 by Global Competition Review for “substantial, lasting, and transformational impact on competition policy and practice.” She received the inaugural award for outstanding contributions to the international competition law community in 2015 by the Academic Society for Competition Law (ASCOLA). She is co-author of Making Markets Work for Africa (Oxford 2019) (with Mor Bakhoum), Global Issues in Antitrust and Competition Law (2d ed. West 2017) (with Daniel Crane), the casebook EU Competition Law (Elgar, 2nd ed. forthcoming 2023) (with Damien Gerard), and the casebook US Antitrust Law in Global Context (4th ed. West 2020) (with Daniel Crane).
Hillary Greene Hillary Greene is Special Counsel for Competition Policy in the Federal Trade Commission’s (FTC) Bureau of Competition. Professor Greene is on leave from the University of Connecticut School of Law, where she is the Zephaniah Swift Professor of Law. Her research and teaching interests focus upon antitrust/competition policy, patents, First Amendment, and animal law. She has published broadly, including in Duke Law Journal; Law, Culture and the Humanities, and Science, as well as in a National Bureau of Economic Research (NBER) volume on innovation policy. Her opinion pieces have been published in the New York Times, Wall Street Journal, and Ozy. She served as the inaugural director of the law school’s Intellectual Property and
Entrepreneurship Law Clinic. She was also a co-principal investigator for a National Science Foundation grant concerning government-sponsored research. In her prior service at the FTC, she was Acting Deputy Assistant General Counsel for policy studies and then Project Director for intellectual property within the Office of the General Counsel. She also practiced at Cahill Gordon & Reindel, focusing on a combination of antitrust and First Amendment matters. She is a graduate of Yale Law School and Yale College.
Herbert Hovenkamp Herbert Hovenkamp is the James G. Dinan University Professor at the University of Pennsylvania. Professor Hovenkamp is a recognized expert and prolific author in the areas of antitrust law and American legal history. He was named a Penn Integrates Knowledge Professor in 2017, part of a university-wide initiative to integrate research across different educational disciplines. He holds appointments in the University of Pennsylvania Carey Law School and Department of Legal Studies and Business Ethics at the Wharton School. He is a Fellow of the American Academy of Arts and Sciences, and in 2008 won the U.S. Department of Justice (DOJ) John Sherman Award for lifetime contributions to antitrust law. Before 2017, he was a professor at the University of Iowa. His legal history writing includes The Opening of American Law, 1870-1970 (Oxford, 2015) and Enterprise and American Law, 1836-1937 (Harvard, 1991). His principal antitrust scholarship includes Antitrust Law: An Analysis of Antitrust Principles and their Application (multi-volume, with Phillip Areeda et al.); Principles of Antitrust; IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law (with Mark Janis, Mark Lemley, Christopher Leslie, and Michael Carrier); and The Antitrust Enterprise. He has written more than 200 articles and essays, including Worker Welfare and Antitrust, Antitrust and Platform Monopoly, and Antitrust Interoperability Remedies.
Justin “Gus” Hurwitz Gus Hurwitz is Senior Fellow and Academic Director of CTIC. His work builds on his background in law, technology, and economics to consider the interface between law and technology and the role of regulation in high-tech industries. He is Director of Law & Economics Programs at the International Center for Law & Economics (ICLE), a think tank based in Portland, Oregon, where he directs its law and economics-focused research program and helps to translate academic research into applied policy issues. He also is, or has been, affiliated with the Classical Liberal Institute at New York University School of Law, the National Security Institute at George
Mason University, and the American Enterprise Institute (AEI). He was previously a full professor and founding director of the Governance & Technology Center at the University of Nebraska, prior to which he was the inaugural research fellow at CTIC. Gus holds a J.D. from the University of Chicago, M.A. from George Mason University, and B.A. from St. John’s College.
William E. Kovacic William E. Kovacic is Professor of Law, Global Competition Professor of Law and Policy, and the Director of the Competition Law Center at George Washington Law. Before joining the law school in 1999, Professor Kovacic was the George Mason University Foundation Professor at the George Mason University School of Law. From January 2006 to October 2011, he was a member of the Federal Trade Commission (FTC) and chaired the agency from March 2008 to March 2009. He was the FTC’s General Counsel from June 2001 to December 2004. In 2011 he received the FTC’s Miles W. Kirkpatrick Award for Lifetime Achievement. Since August 2013, he has served as a Non-Executive Director with the United Kingdom’s Competition and Markets Authority. From January 2009 to September 2011, he was Vice-Chair for Outreach for the International Competition Network. He has advised numerous countries and international organizations on antitrust, consumer protection, government contracts, and the design of regulatory institutions. He holds a J.D. from Columbia Law School.
Marina Lao Marina Lao is the Edward S. Hendrickson Professor of Law at Seton Hall University School of Law. She joined the faculty in 1994 after over a decade of practice experience in government and in the private sector. She took a leave of absence in 2015 and 2016 to serve as the Director of the Office of Policy Planning at the Federal Trade Commission (FTC). Professor Lao teaches courses on antitrust law, business associations, and administrative law. She has written, lectured, and commented extensively on antitrust law and policy. Additionally, she has offered invited testimony to the House Judiciary Committee and presented at workshops convened by the FTC and the Antitrust Division of the U.S. Department of Justice (DOJ). She is a member of the advisory board of the American Antitrust Institute and was Chair of the Section of Antitrust and Economic Regulation of the Association of American Law Schools. Professor Lao was awarded a Fulbright Fellowship in 2007-2008 to the University of Munich and the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich, where she taught U.S. antitrust law. She holds an LL.M. from Temple University and a J.D. from Albany Law School.
Giovanna Massarotto Giovanna is an academic fellow at CTIC. Her scholarship focuses on how technology affects society and the intersection of law, economics, and computer science. She has been invited to speak at the OECD Blockchain Policy Forum, Competition and Markets Authority (CMA), and multiple universities such as the University of Oxford, Stanford Center for Legal Informatics, Codex, University of Zurich (UZH), and the Global Antitrust Institute (GAI). Before arriving at Penn, She was a visiting research fellow at Fordham University in New York and then worked in Washington, D.C., for an economic consulting firm specializing in intellectual property law, economic regulation, and antitrust in the telecommunications and hightech industries. She was an academic visitor at the University of Oxford and taught at Bocconi University and the University of Iowa Tippie College of Business as an adjunct professor. She is an affiliate of the University College London Centre for Blockchain Technologies (UCL CBT) where she ran and taught a program in legal issues in blockchain technologies. Giovanna is a graduate of the University of Bocconi, Ph.D., and Carlo Cattaneo UniversityLIUC, M.S. and B.A.
Salil Mehra Sail Mehra is Professor of Law at Temple University Beasley School of Law. His research focuses on antitrust/competition law and technology. He is a past Chair of the AALS Section on Antitrust and Economic Regulation and is a nongovernmental advisor to the International Competition Network. He is a former Abe Fellow of Japan’s Center for Global Partnership and the Social Science Research Center. Prior to joining Temple University, Professor Mehra clerked for Chief Judge Juan R. Torruella of the U.S. Court of Appeals for the First Circuit, and then worked at the Antitrust Division of the Department of Justice (DOJ) and subsequently at the New York law firm of Wachtell, Lipton, Rosen & Katz, where his practice included antitrust, First Amendment, and takeover defense litigation. In 2016, he won the University Lindback Award for Distinguished Teaching and in 2023, won the law school’s Friel-Scanlon award for ‘outstanding faculty scholarship.’ Professor Mehra graduated from the University of Chicago Law School.
Aviv Nevo Aviv Nevo currently serves as the Director of the Bureau of Economics of the Federal Trade Commission (FTC). He is on leave from the University of Pennsylvania, where he is the George A. Weiss and Lydia Bravo Weiss University Professor; Professor of Economics at the School of Arts and Sciences; and Professor of Marketing at the Wharton School. He draws from his expertise across academic, government, and corporate sectors to address pressing real-world issues, opening pathways for a broader understanding of national and global economies. His past areas of research include health economics, health care, telecommunications, and real estate brokerages, as well as the demand for packaged goods and the implications for price competition, mergers, and marketing. He served as Chief Economist of the Antitrust Division of the U.S. Department of Justice (DOJ), advising attorneys on merger, civil, and criminal investigations in addition to leading the Division’s Economic Analysis Group. He received his Ph.D. and A.M. from Harvard University and his B.Sc. from Tel Aviv University.
Daniel L. Rubinfeld Daniel L. Rubinfeld is the Robert L. Bridges Professor of Law and Professor of Economics Emeritus at the University of California Berkeley and Professor of Law at New York University. He served from June 1997 through December 1998 as Chief Economist and Deputy Assistant Attorney General for Antitrust in the U.S. Department of Justice (DOJ). Professor Rubinfeld is the author of a variety of articles relating to antitrust and competition policy, law and economics, and public economics, as well as two textbooks, Microeconomics and Econometric Models and Economic Forecasts. He is also the co-author (with Robert Inman) of Democratic Federalism, a Princeton Press 2020 publication. He has consulted for private parties and for a range of public agencies, including the Federal Trade Commission (FTC), the DOJ’s Antitrust Division, and various state attorneys general. He has been a fellow at the National Bureau of Economic Research (NBER), the Center for Advanced Studies in the Behavioral Sciences, and the John Simon Guggenheim Foundation. Professor Rubinfeld teaches a course on law and statistics (with former Judge Katherine Forrest) and is a member of the American Academy of Arts and Sciences and a research fellow at NBER. He is also a past president of the American Law and Economics Association. He holds a Ph.D. from the Massachusetts Institute of Technology.
Christopher Yoo Christopher Yoo is the John H. Chestnut Professor of Law, Communication, and Computer & Information Science at the University of Pennsylvania and the Founding Director of CTIC. Professor Yoo is one of the world’s leading authorities on law and technology and is recognized as one of the most cited scholars in administrative, regulatory, and intellectual property law. His major research projects include examining antitrust law as applied to Big Tech companies, empirically studying innovative ways to connect more people to the Internet, using technological principles to inform how the law can promote optimal interoperability, protecting privacy and security for the Internet’s routing architecture, and studying copyright theory as well as network neutrality. The author of 115 scholarly works, he testifies frequently before the U.S. Congress, Federal Communications Commission (FCC), Federal Trade Commission (FTC), U.S. Department of Justice (DOJ), foreign governments, and international organizations. He is a sought-after speaker by conference and symposium organizers and sponsors around the globe, including U.S. and international law schools and academic centers; legal, telecom, and other technology associations; and various academies. He has been appointed by the United Nations and other international bodies to serve as rapporteur of sessions on digital access, economic affairs, and competition developments. Before joining the academy, he served as a law clerk to Associate Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge A. Raymond Randolph of the U.S. Court of Appeals for the D.C. Circuit. He obtained his A.B. from Harvard University, M.B.A. from the Anderson School at the University of California Los Angeles, and his J.D. from Northwestern University Pritzker School of Law, where he was an associate articles editor of the Northwestern University Law Review.
Bo “Bobby” Zhou Bobby Zhou is Associate Professor of Marketing at the University of Maryland Robert H. Smith School of Business. His research focuses on competitive marketing strategies, particularly pricing and promotion in online platforms and media markets. He uses both analytical models as well as experimental approaches in his research. His work has been published in the Journal of Marketing Research, Marketing Science, and Management Science. He also serves on the editorial board of Decision Science, International Journal of Research in Marketing, Journal of Marketing Research, Journal of Retailing, and Marketing Science. He has been recognized by the Marketing Science Institute as a Young Scholar in 2019. As an Emerging Fellow at Smith (2023-2028), he teaches marketing research methods in the undergraduate programs, pricing in the M.B.A./M.S. programs, and analytical models in marketing in the Ph.D. programs. Professor Zhou received his Ph.D. in marketing from the Fuqua School of Business at Duke University in 2014.
Symposium Sponsors
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We are proud to support the University of Pennsylvania Carey Law School 2024 Journal of Law & Innovation Symposium
Paul, Weiss, Rifkind, Wharton & Garrison LLP
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about the Journal of Law & Innovation The Journal of Law & Innovation (JLI) serves as Penn Carey Law’s faculty- and student- run law journal in the area of law and technology. It functions as a year-long seminar class during which students work closely with faculty on the production and editing of the current volume. The Journal is published as a single-issue publication each year, in a symposium format and on a topic within the general area of law, innovation, and technology.
This program has been approved for a total of 6.0 substantive CLE credits for Pennsylvania lawyers. CLE credit may be available in other jurisdictions as well. CLE credits will be complimentary for this event. In order to receive the appropriate amount of credit, passwords provided throughout the program must be noted in your evaluation form.