Predicting The Unpredictable

Law360, New York (November 3, 2011, 5:13 PM EDT) -- Technology markets exist in an age of disruption. Almost 75 percent of the smartphones sold today are powered by software made by firms that were not in the phone business five years ago. PC sales are being cannibalized by a product category — tablet computers — that essentially did not exist two years ago. And distribution of media over the public airwaves is being, or soon may be, displaced by distribution over the Internet.

Must antitrust enforcers and practitioners merely throw up their hands in the...
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