Digital Platforms and Antitrust Law

This Article is about “big data” and antitrust law. Big data, for my purposes, refers to digital platforms that enable the discovery and sharing of information by consumers, and the harvesting and analysis of consumer data by the platform. The obvious example of such a platform is Google. The big platforms owe their market dominance not to anticompetitive conduct but to economies of scale. This Article discusses three types of anticompetitive conduct associated with digital platforms: kill zone expropriation, acquisition of nascent rivals, and denial of access to data. There is nothing so unusual about digital platforms that would require a reform of the antitrust laws. Some are described as two-sided markets, but this designation, even after Ohio v. American Express Co., should not present an obstacle to the application of antitrust law. I. Introduction II. Platforms III. Competition Issues ... A. Kill Zone Expropriation ... B. Acquisition of Nascent Rivals ... C. Denial of Access to Data IV. Antitrust Law V. Conclusio

When Should a Case Be Dismissed? The Economics of Pleading and Summary Judgment Standards

This paper applies a simple economic framework to the choice between pleading and summary judgment as points at which a claim can be dismissed. It concludes generally that pleading standards should vary with the evidentiary demands of the associated legal standards and the social costs of litigation. The common law's imposition of higher pleading standards for fraud claims is consistent with this proposition. The theory implies that the rigorous summary judgment standards that have been developed by antitrust courts should lead to a correspondingly rigorous assessment at the pleading stage.

Trial Selection Theory: A Unified Model

This paper provides a formal model of the trial selection process that incorporates the Priest-Klein hypothesis and alternative theories of selection. We derive the conditions under which the hypothesis is valid, and examine implications for the relationship between trial outcome uncertainty and litigation. The model suggests a generalization of the hypothesis.

Innovation and Optimal Punishment, with Antitrust Applications

This paper modifies the optimal penalty analysis by incorporating investment incentives with external benefits. In the models examined, the recommendation that the optimal penalty should internalize the marginal social harm is no longer valid as a general rule. We focus on antitrust applications. In light of the benefits from innovation, the optimal policy will punish monopolizing firms more leniently than suggested in the standard static model. It may be optimal not to punish the monopolizing firm at all, or to reward the firm rather than punish it. We examine the precise balance between penalty and reward in the optimal punishment scheme.optimal law enforcement, optimal antitrust penalty, monopolization, innovation, internalization, strict liability, static penalty

Quantum Nondemolition Squeezing of a Nanomechanical Resonator

We show that the nanoresonator position can be squeezed significantly below the ground state level by measuring the nanoresonator with a quantum point contact or a single-electron transistor and applying a periodic voltage across the detector. The mechanism of squeezing is basically a generalization of quantum nondemolition measurement of an oscillator to the case of continuous measurement by a weakly coupled detector. The quantum feedback is necessary to prevent the ``heating'' due to measurement back-action. We also discuss a procedure of experimental verification of the squeezed state.Comment: 9 pages, 3 figure

Spontaneous Supersymmetric Generation of an Indeterminate Mass Scale and a Possible Light Sterile Neutrino

If a global continuous symmetry of a supersymmetric field theory is spontaneously broken while preserving the supersymmetry, the resulting theory has a massless superfield. One of its two bosonic degrees of freedom is the familiar phase rotation of the usual massless Nambu-Goldstone boson, but the other is a scale transformation. An indeterminate mass scale is thus generated. In the fermion sector, a seesaw texture appears which may be suitable for a possible light sterile neutrino. This feature persists even after the gauging of the continuous symmetry or the breaking of the supersymmetry to resolve the aforementioned mass-scale ambiguity.Comment: 9 pages, expanded to include the discussion of a possible sterile neutrin

Segmenting root systems in X-ray computed tomography images using level sets

The segmentation of plant roots from soil and other growing media in X-ray computed tomography images is needed to effectively study the root system architecture without excavation. However, segmentation is a challenging problem in this context because the root and non-root regions share similar features. In this paper, we describe a method based on level sets and specifically adapted for this segmentation problem. In particular, we deal with the issues of using a level sets approach on large image volumes for root segmentation, and track active regions of the front using an occupancy grid. This method allows for straightforward modifications to a narrow-band algorithm such that excessive forward and backward movements of the front can be avoided, distance map computations in a narrow band context can be done in linear time through modification of Meijster et al.'s distance transform algorithm, and regions of the image volume are iteratively used to estimate distributions for root versus non-root classes. Results are shown of three plant species of different maturity levels, grown in three different media. Our method compares favorably to a state-of-the-art method for root segmentation in X-ray CT image volumes.Comment: 11 page