Digital conduct cases challenge old forms of proving power and assessing conduct. Are the traditional thresholds - dominance, monopoly - too high? Do they screen out too much? Is it wise to expand the reach of the law of unilateral conduct to, for example, significant market status? Do the traditional categories of suspect conduct catch what we need to catch? Should the conduct net be wider or tighter to catch new forms of abuse while also nurturing innovation? What are the theories of harm and the best remedies?
Fenwick antitrust partner Thomas Ensign joins a distinguished panel to discuss these questions and more.