November 2020

Rethinking Antitrust Law

Antitrust law has come under unprecedented scrutiny on both sides of the Atlantic. Is it doing enough? Does it need to be reformed? Is it fit for purpose in the digital age? With these questions in mind, the Lisbon Council convened the High-Level Roundtable on Rethinking Antitrust Law, a high-level gathering of competition experts meeting under the theme Did Ex-Post Fail? Do We Need Ex-Ante? And if We Need Ex-Ante, How Do We Make It Work?. A. Douglas Melamed, professor of law practice at Stanford Law School and former acting assistant attorney general in charge of the anti-trust department at the U.S. department of justice, kicked off the discussion with an overview of Antitrust Law and Its Critics, his recent, widely discussed paper, which analyses key trends in the emerging debate – and argues that competition law is being “re-tooled” to try to solve problems it is not well suited for. Jonathan Faull, chair for public affairs at Brunswick Group, former director-general for justice and home affairs, capital markets and the brexit task force, shared his views on the evolution of competition policy and the challenges ahead. The session convened as part of Competition Economics, a centre of excellence a high-level community of economists, analysts, lawyers, policymakers, startups, digital aficionados, experts and other stakeholders who gather periodically discuss antitrust policy from their different perspectives. The initiative is hosted by the Lisbon Council.

Download A. Douglas Melamed Article: Antitrust Law and Its Critics

Watch the High-Level Roundtable on Competition Economics: Rethinking Antitrust Law on Lisbon Council TV

Visit the Competition Economics Home Page