Platform Market Power Kenneth Bamberger & Orly Lobel This is a very large project that is in its initial stages. Its goal is to frame the discussion within law about human capital, workplace mobility, restrictive covenants and employment IP disputes in a more sophisticated way than is currently the state of the law. This can be done I argue, with bringing in new interdisciplinary research about knowledge spillovers and the nature of innovation and R&D. moreover, the project builds on the dual aspects of law and science and adds a theoretical dimension about work. April 20, 2017, International House, UC Berkeley

What is the Digital Platform Economy? Sharing Economy Collaborative Economy Peer-2-Peer Economy (P-2-P) Human-2-Human (H-2-H) The Access Economy The Pooling Economy The Gig Economy Mesh Economy An eco-system driven by wifi tech and data analytics creating large scale multi-sided end user networks disrupting production, consumption, finance & education

Web 3.0

Search Engines Social Networks Retail Service 4 Families of Platforms Search Engines Social Networks Retail Service

Airbnb in SF source:http://www.forbes.com/sites/tomiogeron/2012/11/09/study-airbnb-had-56-million-impact-on-san-francisco/

Regulatory Challenges Tax Zoning Employment & Labor Laws Safety & Health Equality & Access Consumer Protection Liability & Insurance Licensing & Permitting Copyright, IP Privacy Concerns

Reshaping/Eliminating the Traditional Boundaries of Legal Doctrine

A Framework for the Foundational Platform Inquiry: Beneficial Economic/ Tech Innovation? Or Undesirable Regulatory Arbitrage?

Platform Pricing Price Fixing & the Platform Employment Structure B. Algorithm Bots & Price Discrimination C. Predatory Pricing Claims “growth first, revenue later”

Market Dominance First Mover Advantage – “Category Kings” B. Switching Costs & Lock-In C. Scale & Network Effects

Platform Big Data A. Big Data as Competitive Advantage B. Expansion into New Markets C. Privacy & Competition

Platform Market Power Kenneth Bamberger & Orly Lobel Thank You! This is a very large project that is in its initial stages. Its goal is to frame the discussion within law about human capital, workplace mobility, restrictive covenants and employment IP disputes in a more sophisticated way than is currently the state of the law. This can be done I argue, with bringing in new interdisciplinary research about knowledge spillovers and the nature of innovation and R&D. moreover, the project builds on the dual aspects of law and science and adds a theoretical dimension about work. April 20, 2017, International House, UC Berkeley