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NEW paper by Richard Gilbert (UC Berkeley): Antitrust agencies mention “innovation” but rarely analyze it seriously. New “dynamic capabilities” framework could help, but courts won’t balance future innovation benefits against current price harms. networklawreview.org/gilbert-merger/

NEW: The use of “dynamic capabilities” analysis in merger reviews risks giving regulators too much discretion and reducing legal certainty. We need rigorous evidence standards and balanced burden of proof for both competitive harms and efficiencies networklawreview.org/albaek-coninck…

NEW: Christopher Yoo (University of Pennsylvania Carey Law School) argues that ecosystem-based antitrust theories risk blurring competition and success. Yoo urges caution before U.S. law embraces them networklawreview.org/yoo-ecosystems/.

NEW: Brazil’s competition authority @cadegovbr has taken a hands-off approach to digital mergers (84% fast-tracked), but 2024 Ministry of Finance proposals could change that. Juliana Oliveira Domingues explores what the new plan includes. networklawreview.org/domingues-merg…

NEW: We need a new European competition law approach that analyzes company capabilities in their specific context, Lars Kjølbye (Latham & Watkins LLP) argues. Take Microsoft + Nuance: combined AI expertise with healthcare knowledge to create medical innovation. networklawreview.org/kjolbye-antitr…

NEW: In this article, Keith Hylton (Boston University School of Law) challenges the idea that simplicity in competition policy can be achieved through rigid statutory rules or per se prohibitions. networklawreview.org/hylton-competi…

NEW: Nicholas Banasevic (Microsoft) contends that strategic partnerships are essential for fostering innovation and competition in AI. He argues that without open partnerships, only vertically integrated giants could compete. networklawreview.org/banasevic-ai-c…

Our special Dynamic Competition Initiative issue is now fully published: networklawreview.org/category/dynam… #dynamiccompetition

Platforms hoard user data, causing market failures and welfare to decrease. Bertin Martens, Geoff Parker, Georgios Petropoulos, and Marshall Van Alstyne propose a novel solution: the in-situ data right for third parties to run their algorithms directly where the data is stored networklawreview.org/data-sharing/

How can we create value from data but give users more control? One possible answer...

📢 The latest Antitrust Antidote by Koren W. Wong-Ervin & Nathan Wilson breaks down key U.S. antitrust cases from March to June 2025, from FTC v Microsoft/ Activision to Google Ad Tech, Live Nation, and more. 👉 Read it here networklawreview.org/antidote-6/

How are antitrust agencies using AI? Thibault Schrepel explores the deployment of #computationalantitrust across 25 agencies, from the EU to Brazil to South Korea. As he puts it, “this is a revolution”. networklawreview.org/computational-…

Here are Thibault Schrepel’s monthly reading suggestions. Topics include computational antitrust, efficient data sharing, an assessment of the DMA, GenAI through the lens of complexity science, proposals to fix the GDPR, new measures of innovator networks... networklawreview.org/june-2025/

NEW: competitive bidding for default slots can actually harm consumers by increasing ads & data extraction even when it rewards higher-quality providers. The cure might be worse than the disease. By Yongmin Chen (@cuboulder) & Marius Schwartz (Georgetown University) networklawreview.org/default-positi…

NEW piece: 𝐓𝐡𝐞 𝐔.𝐒. 𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐌𝐞𝐫𝐠𝐞𝐫 𝐄𝐟𝐟𝐢𝐜𝐢𝐞𝐧𝐜𝐲 “𝐃𝐞𝐟𝐞𝐧𝐬𝐞” Author: Herbert hovenkamp (University of Pennsylvania Carey Law School) Link: networklawreview.org/hovenkamp-effi…

Here are Thibault Schrepel's monthly reading suggestions. Topics include the economics of default positions, what ant colonies can teach AI, how to run an LLM on your laptop, how AI is eating the Internet, measures of social media network effects, and more: networklawreview.org/july-2025/