Quantum Antitrust

17 Pages Posted: 7 Sep 2022 Last revised: 13 Oct 2022

See all articles by Jeffery Atik

Jeffery Atik

Loyola Law School Los Angeles

Julian Nowag

Lund University - Faculty of Law; Oxford Centre for Competition Law and Policy

Date Written: August 21, 2022

Abstract

Quantum antitrust describes the interaction between quantum computing technology and antitrust theory and law.

Quantum computing may fundamentally change our understanding of the functioning of markets and of the corresponding theory upon which antitrust rules are built. Quantum computing will have much to say to computational law, with computational law most likely fragmenting between classical computational law and quantum computational law.

This paper, first, explores the strengths of quantum computing relevant to antitrust law and the relevant quantum advantage in antitrust. The second part of the paper explores the implications of quantum computing on foundational principles of antitrust theory and law. In this regard the paper considers the importance of consumer welfare in antitrust and the debate about New Antitrust. Moreover, a possible quantum antitrust advantage is identified in issues such as market definition, the Herfindahl–Hirschman index (HHI) as well as so called otherworldly tests of legality such as the current predation doctrine and per se violations in general. In the final part of the paper, the emergence of quantum antitrust and the impact on remedies in antitrust proceedings are explored.

Keywords: antitrust, computational law, algorithms, artificial intelligence, machine learning, antitrust theory, quantum computing, quantum law

Suggested Citation

Atik, Jeffery and Nowag, Julian, Quantum Antitrust (August 21, 2022). Loyola Law School, Los Angeles Legal Studies Research Paper No. 2022-09, Available at SSRN: https://ssrn.com/abstract=4211999 or http://dx.doi.org/10.2139/ssrn.4211999

Jeffery Atik (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-8369 (Phone)
213-380-3769 (Fax)

Julian Nowag

Lund University - Faculty of Law ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden

Oxford Centre for Competition Law and Policy ( email )

St Cross Building
St Cross Road Oxford
Oxford, OX1 3UL
United Kingdom

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