Economics Detective
Economics Detective

The Blockchain Anti-Trust Paradox with Thibault Schrepel

Today's guest is Thibault Schrepel of the University of Utrecht. We discuss his work on the relationship between blockchain technology, which allows for the decentralization of firms and organizations, and anti-trust law. Here's a quote from his article on the topic: But in the end, one qu

Featured Speakers

Garrett M. Petersen HostThibaut Schrappel Guest

Episode Summary

Executive Summary: The episode examines how blockchain’s decentralized, immutable ledger can support not just cryptocurrencies but smart contracts, apps, and even organizational governance—creating major antitrust and liability questions. Thibaut Schrappel argues blockchain may reduce traditional monopoly concerns in public systems, but private blockchains can enable exclusion, opacity, and hard-to-prosecute anti-competitive conduct, forcing regulators to rethink enforcement without stifling innovation.

Main Topics: What blockchain is and its three generations (Priority: 5/5): Schrappel distinguishes blockchain as a shared ledger with applications on top: 1.0 cryptocurrencies, 2.0 smart contracts, and 3.0 broader decentralized apps such as messaging, taxis, or organizational systems. Byzantine generals problem and decentralized coordination (Priority: 4/5): The conversation uses the Byzantine generals problem to explain how blockchain lets multiple users coordinate and maintain a trusted ledger without a central authority. Antitrust law and decentralized organizations (Priority: 5/5): The main legal issue is how antitrust applies when blockchain may remove the obvious 'trustee' or central decision-maker, complicating liability and enforcement. Public vs. private blockchains (Priority: 5/5): Public blockchains are open and visible, while private blockchains are controlled by specific entities that can set access rules, encrypt data, and potentially exclude rivals. Smart contracts, immutability, and legal reversibility (Priority: 4/5): Smart contracts can execute automatically and be difficult or impossible to stop once deployed, raising concerns about voiding unlawful or mistaken agreements. Regulatory tradeoffs and innovation (Priority: 4/5): Schrappel warns that poorly designed regulation could kill blockchain or drive it to friendlier jurisdictions, while thoughtful rules could preserve benefits and legitimacy.

Key Arguments: Blockchain is not just a payments technology; its real significance lies in the applications built on top of a shared, tamper-resistant ledger. Public blockchains reduce some antitrust concerns because transactions are visible and no single operator controls the system. Private blockchains create greater antitrust risk because operators can alter access, encryption, and governance rules to exclude competitors or hide conduct. Blockchain creates a new legal problem: even if anti-competitive behavior is identifiable, it may be unclear who can be sanctioned when the system is decentralized or automated. Smart contracts are attractive because they make agreements enforceable and automatic, but that same immutability can prevent courts from unwinding harmful or mistaken contracts. Competition agencies may need to focus more on cartels and coordinated conduct than on monopolization in public blockchain environments, where decentralization limits single-firm control. Regulation should avoid targeting blockchain’s core functionality; otherwise it risks destroying value or pushing development to other countries. The long-run philosophical issue is whether centralized legal institutions are legitimate when applied to decentralized technologies, and whether blockchain itself can help decentralize institutions.

Data Points: Blockchain generations: 3 - Schrappel describes blockchain 1.0, 2.0, and 3.0 as successive layers of use cases. Antitrust history: ~150 years - He says antitrust has aimed to be anti-monopoly for nearly 150 years. Monopoly threshold: more than 50% market shares - He notes that under antitrust, firms with more than 50% market share are treated as monopolies. Future GDP on blockchain: 10% - He cites claims that 10% of global GDP could be stored on blockchain in 10 years. Regulatory timeline: 10 years - Used in the prediction that a significant share of GDP may move onto blockchain within a decade. Geographic example: New York State BitLicense - He references New York’s licensing regime as an example of regulation potentially driving startups away.

Pivotal Quotes: "Blockchain is a technology, it isn't a legal entity." — Thibaut Schrappel: He explains why liability is difficult when harm occurs through decentralized systems. "We create unstoppable applications." — Thibaut Schrappel: He cites blockchain projects marketing smart contracts as irreversible and resistant to intervention. "I wonder about the legitimacy of applying the law as we know it, using agencies as we know it, which are centralized to a decentralized technology." — Thibaut Schrappel: He closes by questioning how centralized legal systems should govern decentralized technologies.

Implications: Blockchain may reshape markets, governance, and enforcement, but regulators must balance consumer protection, antitrust concerns, and innovation. Poor rules could suppress adoption or move development abroad; better rules may preserve benefits while adapting law to decentralized systems.

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About Economics Detective

Economics Detective Radio is a podcast about markets, ideas, institutions, and all things related to the field of economics. Episodes consist of long-form interviews and are generally released on Fridays. Topics include economic theory, economic history, the history of thought, money, banking, finance, macroeconomics, public choice, business cycles, health care, education, international trade, and anything else of interest to economists, students, and serious amateurs interested in the scienc...

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