Tech Wars: Return of the Conglomerate ―Throwback or Dawn of a New Series for Competition in the Digital Era?―
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The conglomerate model, once thought of as a past relic, has begun to stage an astonishing comeback in a seemingly unlikely place—none other than the high-flying and perennially evolving tech industry. This comeback has coincided with an intriguing change in the nature of competition for the high-tech industry in the digital era, morphing into a multi-contact war between conglomerate-like businesses, with clashes ensuing on multiple battlefields. While this phenomenon has yet to receive proper attention in antitrust circles, multi-contact competition is not completely novel for antitrust. Antitrust has grappled with these aspects in the past, mostly in conglomerate mergers. But, there has not yet been a proper analysis of the recent rise of multicontact competition waged by conglomerate businesses (either in substance or true form) in today’s tech industry. This paper provides a foray into certain key aspects of multi-contact competition waged by conglomerate tech businesses with implications for antitrust law and analysis. Analysis shows it would be wrong to consider emerging conglomerate competition in the digital era as a throwback from the past. Careful consideration of a firm’s strategy is required to properly analyze this phenomenon, as should be for antitrust analysis generally.
Abstract
The conglomerate model, once thought of as a past relic, has begun to stage an astonishing comeback in a seemingly unlikely place—none other than the high-flying and perennially evolving tech industry. This comeback has coincided with an intriguing change in the nature of competition for the high-tech industry in the digital era, morphing into a multi-contact war between conglomerate-like businesses, with clashes ensuing on multiple battlefields. While this phenomenon has yet to receive proper attention in antitrust circles, multi-contact competition is not completely novel for antitrust. Antitrust has grappled with these aspects in the past, mostly in conglomerate mergers. But, there has not yet been a proper analysis of the recent rise of multicontact competition waged by conglomerate businesses (either in substance or true form) in today’s tech industry. This paper provides a foray into certain key aspects of multi-contact competition waged by conglomerate tech businesses with implications for antitrust law and analysis. Analysis shows it would be wrong to consider emerging conglomerate competition in the digital era as a throwback from the past. Careful consideration of a firm’s strategy is required to properly analyze this phenomenon, as should be for antitrust analysis generally.
참고문헌 (35)
- Gerald F. Davis, "The Decline and Fall of the Conglomerate Firm in the 1980s: The Deinstitutionalization of an Organizational Form", Am. Soc. Rev, 59(4) (1994)
- James J. Ling, "The Conglomerate and Antitrust", Antitrust L.J., 39(1), pp.19~ (1969)
- "Decline sets in at the conglomerate" (2007)[URL]
- Yong Lim, "The Rules of the Game in a New World: Antitrust and the New Frontier of Digitized Personal Information n.7", S., pp.2017
- "Google to Reorganize as Alphabet to Keep Its Lead as an Innovator" (2015)[URL]
- "Google Embraces the Conglomerate, For Good or Ill" (2015)[URL]
- "Google to ringfence shopping unit to avoid further EU fines" (2017)[URL]
- David S. Evans, "1 The Oxford Handbook of International Antitrust Economics", pp.404~ (2014)
- Richard Posner, "Conglomerate Mergers and Antitrust Policy: An Introduction", St. John’s L. Rev, 44, pp.529~ (1970)
- Phill ip Areeda, "Antitrust Anal ysis Problems, Text, and Cases", pp.899~ (2013)
- J. Fred Weston, "The Nature and Significance of Conglomerate Firms", John’s L. Rev., 44, pp.66~ (1970)
- Yong Lim, "Competition and Corporate Governance: Teaming Up to Police Tunneling", Nw. J. Int’l L. & Bus, 36(2), pp.267~ (2016)
- Edward D. Cavanagh, "Reciprocal Dealing: A Rebirth?", St. John’s L. Rev., 75(4), pp.633~ (2012)
- Current Report (Form 8-K), "Google Inc", ~ (2015)
- "G is for Google" (2015)[URL]
- "The New Digital Conglomerates: Google, Facebook, Amazon ... And Apple?" (2016)[URL]
- Annual Report 2016, "Microsoft", ~ (2016)
- "Microsoft to Acquire LinkedIn for $26.2 Billion" (2016)[URL]
- "Statement Concerning Google/DoubleClick (File No. 071-0170)" (2007)[URL]
- "20140457: Google Inc.; Nest Labs, Inc. Early Termination Notice" (2014)[URL]
- Hillary Greene, "The Influences of Strategic Management on Antitrust Discourse", Antitrust Bulletin, 59(4), pp.789~ (2014)
- "New Buying Strategy as Facebook and Google Transform into Web Conglomerates" (2014)[URL]
- "Technology Giants, The “Moligopoly” Hypothesis and Holistic Competition: A Primer" (2016)[URL]
- "Google Home vs. Amazon Echo: Alexa Takes Round 1" (2016)[URL]
- "Amazon, Facebook, Google, And The New Tech Conglomerate" (2014)[URL]
- Ravi S. Achrol, "Network Organization and Systems Competition: A Marketing Analysis", Antitrust Bulletin, 59(4), pp.767~768
- "Alphabet Isn’t a Typical Conglomerate" (2015)[URL]
- Data-Driven Innovation for Growth and Well -Being: Interim Synthesis Report, "OECD", 29~ (2014)
- "Google Buys Zagat: Here’s Why" (2011)[URL]
- Maurice E. Stucke, "Big Data and Competition Policy", pp.190~191 (2016)
- "Apple’s Lost Mapportunity: How Did a Tech Star Lose Its Way?" (2012)[URL]
- "Amazon is Beating Google in the Race to the Home Computer" (2017)[URL]
- "Is It Time to Break Up Google?" (2017)[URL]
- Lina M. Khan, "Amazon’s Antitrust Paradox", Yale L.J., 126, pp.710~ (2017)
- Adi Ayal, "Fariness in Antitrust: Protecting the Strong from the Weak", pp.69~70 (2014)
