Rethinking Antitrust

#13: Future Markets: Predicting Competition and Innovation

Episode Summary

The 2023 Merger Guidelines have received both praise and criticism. While the guidelines have been criticized, the incorporation of future markets into the guidelines has garnered support. Larry Landman, an expert on the U.S. and EU applications of future markets, joins the podcast to discuss how application of future markets can help identify future competition and innovation effects in mergers.

Episode Notes

The 2023 Merger Guidelines have received both praise and criticism. While the guidelines have been criticized, the incorporation of future markets into the guidelines has garnered support. Larry Landman, an expert on the U.S. and EU applications of future markets, joins the podcast to discuss how application of future markets can help identify future competition and innovation effects in mergers.

Links

Lawrence B. Landman profile page

Refining Future Potential Competition: The Doctrine Allowing Courts to Protect Innovation
Forthcoming (subject to revisions), Volume 86 Antitrust Law Journal (2025)

Protecting Competition to Innovate is Protecting Competition in Future Markets: Ten Law Review Articles Leave No Doubt, CPI Antitrust Chronicle, Feb. 2023, Vol. 2(2), pp. 55-60. (Five-page summary of 10 previous articles)

The Revised US Merger Guidelines Adopt the Future Markets Model, Promarket (July 25, 2023)

Federal Trade Commission’s AMGEN complaint