Competition Law for a Post-Scarcity World

43 Pages Posted: 18 Jan 2016 Last revised: 8 Mar 2016

See all articles by Salil K. Mehra

Salil K. Mehra

Temple University - James E. Beasley School of Law

Date Written: January 17, 2016

Abstract

Writers, economists and IP scholars have hailed signs of an incipient shift to a post-scarcity world. Driving this change are rapid decreases not only in marginal cost, but also in the fixed or first-unit costs of production. Whether these changes become economy-wide, or remain confined to a subset of industries, they have dramatic implications for competition law and policy. This Article is the first to address these implications. In particular, because of the incentive for incumbent firms to engage in what may be termed “anti-disruption” – as examples such as the Apple/e-books antitrust case and the regulatory responses to Uber show – competition law must play an active role in assisting the transition to a post-scarcity world. Playing this role will not be simple, but the welfare gains of this societal shift make it impossible to ignore.

Keywords: antitrust, competition law, intellectual property, cyberlaw, Internet Law, post-scarcity

JEL Classification: K21

Suggested Citation

Mehra, Salil K., Competition Law for a Post-Scarcity World (January 17, 2016). Temple University Legal Studies Research Paper No. 2016-13. Available at SSRN: https://ssrn.com/abstract=2717137 or http://dx.doi.org/10.2139/ssrn.2717137

Salil K. Mehra (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 North Broad Street
Philadelphia, PA 19122
United States
215-204-7113 (Phone)
215-204-1185 (Fax)

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