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This article intends to contribute to the literature by describing the challenges that blockchain presents for analyses of unilateral anticompetitive practices and proposing some changes to antitrust law and regulations that address those challenges. It proceeds in three sections to this end.
First, this article argues that, because blockchain is decentralized, anonymous, and immutable, questions arise regarding the ability to detect anticompetitive practices and their perpetrators. We show that some practices are de facto more likely to be implemented. Next, this article discusses current antitrust laws and how antitrust authorities should tackle these issues (discussing “regulatory infiltration” using a “law is code” approach). Third, even if this new regulatory scheme is adopted, some ultimate questions demand resolution. This article seeks to address them in part three: is blockchain the death of antitrust law as we know it? Should it be?
