Antitrust Laws and the Future of Market Competition

Authors

  • David Yusuf University of Lagos

DOI:

https://doi.org/10.47941/jmlp.2163

Keywords:

Antitrust, Digital Economy, Market Competition, Regulatory Frameworks, Innovation

Abstract

Purpose: The general objective of the study was to investigate antitrust laws and the future of market competition.

Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library.

Findings: The findings reveal that there exists a contextual and methodological gap relating to antitrust laws and the future of market competition. Preliminary empirical review revealed that while existing antitrust frameworks had been instrumental in promoting competition and preventing monopolistic practices, they faced significant challenges in the digital age. The rapid evolution of technology and the rise of digital platforms had created new competitive dynamics that traditional antitrust laws struggled to address. The dominance of a few tech giants led to market concentration, reducing the scope for competition and innovation. The study highlighted the inadequacies of current antitrust enforcement in dealing with digital platforms, data control, and network effects. Additionally, it emphasized the need for international cooperation and a balanced approach to antitrust enforcement that considered both competition and innovation to ensure that the benefits of the digital economy were widely shared.

Unique Contribution to Theory, Practice and Policy: The Structure-Conduct-Performance (SCP) Paradigm, Contestable Market Theory and Innovation and Monopolistic Competition Theory may be used to anchor future studies on antitrust laws and the future of market competition. The study recommended updating theoretical frameworks to include factors like data control and network effects, and adopting more flexible and adaptive approaches in antitrust enforcement. It advocated for the creation of specialized regulatory units focused on digital markets, equipped with the necessary resources and expertise. The study also highlighted the importance of international cooperation in antitrust enforcement to address cross-border anti-competitive practices effectively. Furthermore, it suggested continuous dialogue with industry stakeholders to develop more informed policies and emphasized the role of consumer education in promoting competitive markets. These recommendations aimed to enhance antitrust laws and ensure robust market competition in the digital age.

Downloads

Download data is not yet available.

References

Bain, J. S. (1951). Relation of Profit Rate to Industry Concentration: American Manufacturing, 1936-1940. The Quarterly Journal of Economics, 65(3), 293-324. https://doi.org/10.2307/1882217

Baker, J. B. (2019). The Antitrust Paradigm: Restoring a Competitive Economy. Harvard University Press.

Baumol, W. J., Panzar, J. C., & Willig, R. D. (1982). Contestable Markets and the Theory of Industry Structure. Harcourt Brace Jovanovich.

Besen, S. M., & Raskind, L. J. (2017). The Relationship Between Intellectual Property Law and Competition Law. Journal of Economic Perspectives, 31(3), 129-150. https://doi.org/10.1257/jep.31.3.129

Bessen, J. E. (2019). AI and Jobs: The Role of Demand. National Bureau of Economic Research. https://doi.org/10.3386/w24235

Crane, D. A. (2018). Antitrust and the Fortune of Markets. University of Chicago Press.

Crane, D. A., & Dufresne, G. (2018). Antitrust in the Digital Age: The New Economy Meets the Old. Yale Journal on Regulation, 35(1), 1-28. https://doi.org/10.2139/ssrn.3096681

Ezrachi, A., & Stucke, M. E. (2016). Virtual Competition: The Promise and Perils of the Algorithm-Driven Economy. Harvard University Press.

Gilbert, R. J., & Greene, H. H. (2015). Merging Innovation into Antitrust Agency Enforcement of the Clayton Act. Antitrust Law Journal, 82(2), 431-486. https://doi.org/10.2139/ssrn.2547967

Greaney, T. L. (2017). The Affordable Care Act and Competition Policy: Antitrust, Innovation, and the Future of Healthcare Reform. Journal of Health Care Law & Policy, 20(1), 1-38.

Hagiu, A., & Wright, J. (2015). Marketplace or Reseller? Management Science, 61(1), 184-203. https://doi.org/10.1287/mnsc.2014.2042

Heyer, K., & Kerber, W. (2019). Competition Policy and Environmental Sustainability: How to Complement Environmental Regulation and Competition Enforcement. Journal of Competition Law & Economics, 15(2), 159-191. https://doi.org/10.1093/joclec/nhz008

Hovenkamp, H. (2015). Federal Antitrust Policy: The Law of Competition and Its Practice. West Academic Publishing.

Khan, L. M. (2017). Amazon's Antitrust Paradox. Yale Law Journal, 126(3), 710-805. https://doi.org/10.2139/ssrn.2911742

Marini, M., & Salgado, L. (2018). The Role of Data Protection in Competition Law Enforcement: The Brazilian Experience. Competition Law International, 14(2), 55-67. https://doi.org/10.2139/ssrn.3211329

Matsushima, N. (2019). The Role of Antitrust Policy in the Digital Economy: Lessons from Japan. Journal of Competition Law & Economics, 15(2), 233-256. https://doi.org/10.1093/joclec/nhz002

Mbiti, I. M., & Weil, D. N. (2016). Mobile Banking: The Impact of M-Pesa in Kenya. In African Successes, Volume III: Modernization and Development (pp. 247-274). University of Chicago Press. https://doi.org/10.7208/chicago/9780226330466.003.0009

Schumpeter, J. A. (1942). Capitalism, Socialism, and Democracy. Harper & Brothers.

Zingales, L., & Lancieri, F. (2020). Stigler Committee on Digital Platforms: Final Report. Chicago Booth Stigler Center for the Study of the Economy and the State. https://doi.org/10.2139/ssrn.3247362

Downloads

Published

2024-08-02

How to Cite

Yusuf, D. (2024). Antitrust Laws and the Future of Market Competition. Journal of Modern Law and Policy, 4(3), 1–13. https://doi.org/10.47941/jmlp.2163

Issue

Section

Articles