17 Pages Posted: 7 Sep 2022 Last revised: 13 Oct 2022
Date Written: August 21, 2022
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
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