Antitrust at a Crossroads: The Challenge of Digital Platforms

The recent wave of EU and U.S. competition law cases against big tech firms and the proposal and sometimes enactment of new regulatory legislation targeting the same companies have fueled a resurgence of interest in antitrust. To explore these developments, the <i>Journal of Law &amp; Innovation</i> convened a symposium on February 2, 2024, in which leading scholars explored the impact of these new developments.&nbsp; Concerning theories of liability, Daniel Crane examined new approaches to market definition for digital markets, while Daniel Sokol and Bo Zhou argued in favor of relying on traditional antitrust principles.&nbsp; Regarding remedies, Herbert Hovenkamp offered a critical look at divestiture, suggesting that courts should turn to such structural remedies only as a last resort. In terms of institutions, William Kovacic favorably discussed the role of the FTC, while Babette Boliek surveyed the burgeoning role of state antitrust enforcement. Together, these contributions offer insights into the design of new analytical approaches and shed new light on how existing remedies and institutions can be adapted to secure competition in a digital context.