Antitrust Enforcement Errors Due to a Failure to Understand Organizational Capabilities and Dynamic Competition

This paper explores critical enforcement errors in antitrust policy arising from a failure to adequately consider organizational capabilities and the principles of dynamic competition. While traditional antitrust analysis has focused on static models emphasizing price effects and market structure, it has largely ignored the innovation-driven, capability-based nature of competition in modern economies. Drawing on recent merger cases — Adobe-Figma, Facebook-Giphy, and Illumina-Grail — we argue