[PDF] Is Blockchain The Death Of Antitrust Law The Blockchain Antitrust Paradox eBook

Author : Thibault Schrepel
Publisher :
Page : 59 pages
File Size : 31,11 MB
Release : 2019
Category :
ISBN :

GET BOOK

Western legal systems have historically helped establish trust between parties and reduce transactional uncertainty by providing recourse to legal procedures. Nonetheless, establishing trust still imposes significant transactional costs and blockchain may reduce them to a smaller level. In the meantime, the very nature of the technology raises fundamental questions about antitrust law and how individuals conduct transactions. This article intends to contribute to the literature by describing the challenges that blockchain presents for analyses of unilateral anticompetitive practices and proposing some changes to antitrust law and regulations that address those challenges. It proceeds in three sections to this end.First, this article argues that, because blockchain is decentralized, anonymous, and immutable, questions arise regarding the ability to detect anticompetitive practices and their perpetrators. We show that some practices are de facto more likely to be implemented.Next, this article discusses current antitrust laws and how antitrust authorities should tackle these issues. On the one hand, regulators must avoid using their unfamiliarity with a new technology to justify over-regulating a potentially beneficial advancement or employing what this article calls the “blockchain excuse” for regulation. On the other hand, antitrust enforcement must adapt to stay relevant, and this article suggests that regulators adopt a new methodology of “regulatory infiltration” using a “law is code” approach.Third, even if this new regulatory scheme is adopted, some ultimate questions demand resolution. This article seeks to address them in part three: is blockchain the death of antitrust law as we know it? Should it be? Answering those questions is not easy because blockchain continues to evolve. Nevertheless, the decentralized nature of blockchain forces us to consider the legitimacy of antitrust law, which rests on centralized legal structures and enforcement that are inconsistent with blockchain's trustless nature; although, antitrust is still needed. This is the blockchain antitrust paradox.

Author : Schrepel, Thibault
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 32,45 MB
Release : 2021-09-21
Category : Law
ISBN : 1800885539

GET BOOK

This innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate.

Author : Robert H. Bork
Publisher :
Page : 520 pages
File Size : 29,79 MB
Release : 1993
Category : Antitrust law
ISBN :

GET BOOK

Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and epilogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends. - Back cover.

Author : Thomas Richter
Publisher : Kluwer Law International B.V.
Page : 443 pages
File Size : 39,66 MB
Release : 2024-08-14
Category : Law
ISBN : 9403541679

GET BOOK

Blockchain’s significant advances since 2020 – including a plethora of new use cases – have necessitated a comprehensive revision of the first edition of this matchless resource. While new chapters and topics have been added, the handbook still follows the systematic and structured approach of the first edition. Each contributor – all of them practitioners experienced with blockchain projects within their respective areas of expertise and specific jurisdictions – elucidates the implications of blockchain technology and related legal issues under such headings as the following: understanding blockchain from a technological point of view; regulatory aspects of blockchain; smart contracts; data privacy; capital markets; crypto asset regulation in Europe, the UK and the US; intellectual property; and antitrust law. The foundational chapter on the technical aspects of blockchain technology has been meticulously expanded to elucidate the proof of stake consensus mechanism alongside fresh insights into the ERC-721 Token Standard for non-fungible tokens, decentralized exchanges, staking, stablecoins, and central bank digital currencies. As blockchain law cements itself as a distinct legal field, this new edition is poised to be an invaluable asset for legal practitioners, in-house lawyers, IT professionals, consultancy firms, blockchain associations, and legal scholars. At a depth that allows non-IT experts to understand the groundwork for legal assessments, the handbook provides those charting the dynamic waters of this field of law with a compass, ensuring they are well-equipped to tackle the legal issues raised by the usage of blockchain technology.

Author : Ioannis Lianos
Publisher :
Page : 465 pages
File Size : 46,69 MB
Release : 2019-08
Category :
ISBN : 019884218X

GET BOOK

The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges, providing an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system.

Author : Pollicino, Oreste
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 37,26 MB
Release : 2021-07-31
Category : Law
ISBN : 1839100796

GET BOOK

This important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values.

Author : Peter Whelan
Publisher : Edward Elgar Publishing
Page : 583 pages
File Size : 27,36 MB
Release : 2023-03-02
Category : Law
ISBN : 183910287X

GET BOOK

Drawing together a variety of perspectives, this accessible yet comprehensive Research Handbook provides an in-depth analysis of the most significant issues pertaining to the legal regulation of cartels. An interdisciplinary team of respected experts explores the theoretical, legal, economic, political, and comparative discourse surrounding cartel regulation.

Author : Matthias Artzt
Publisher : Kluwer Law International B.V.
Page : 342 pages
File Size : 29,56 MB
Release : 2020-07-16
Category : Law
ISBN : 9403518154

GET BOOK

Blockchain has become attractive to companies and governments because it promises to solve the age-old problem of mutability in transactions - that is, it makes falsification and recalculation impossible once a transaction has been committed to the technology. However, the perceived complexity of implementing Blockchain calls for an in-depth overview of its key features and functionalities, specifically in a legal context. The systematic and comprehensive approach set forth in this indispensable book, including coverage of existing relevant law in various jurisdictions and practical guidance on how to tackle legal issues raised by the use of Blockchain, ensures a one-stop-shop reference book for anyone considering Blockchain-based solutions or rendering advice with respect to them. Within a clear structure by fields of law allowing for a systematic approach, each contributor - all of them are practitioners experienced with Blockchain projects within their respective areas of expertise - elucidates the implications of Blockchain technology and related legal issues under such headings as the following: technical explanation of Blockchain technology; contract law; regulatory issues and existing regulation in a variety of jurisdictions; data protection and privacy; capital markets; information security; patents and other intellectual property considerations; and antitrust law. Keeping the legal questions and concepts sufficiently generic so that lawyers can benefit from the handbook irrespective of their jurisdiction and legal background, the authors cover such specific characteristics of Blockchain implementation as so-called smart contracts, tokenization, distributed ledger technology, digital securities, recognition of code as law, data privacy challenges and Blockchain joint ventures. Because Blockchain is a relatively new technology still in process and raises a multitude of legal questions, this well-balanced introduction - at a depth that allows non-IT experts to understand the groundwork for legal assessments - provides a solid basis for organizations and their legal advisors in identifying and resolving Blockchain-related issues. Legal practitioners, in-house lawyers, IT professionals and advisors, consultancy firms, Blockchain associations and legal scholars will welcome this highly informative and practical book.

Author : Caton, James L.
Publisher : Edward Elgar Publishing
Page : 223 pages
File Size : 29,2 MB
Release : 2022-10-20
Category : Business & Economics
ISBN : 1800882343

GET BOOK

This timely book is an innovative look at how blockchain technology will transform the structure of social and economic life. The security of blockchain supports the provision and maintenance of reliable databases and the creation of rule-based governance protocols. Leading contributors expertly review the impact of blockchain on existing structures of law, monetary systems, supply chains and business organizations.