Commentary

The Trends That Will Define European Antitrust in 2026

Four experts predict some of the trends that will define European competition in 2026.

The Trends That Defined US Antitrust in 2025

Four experts reflect on some of the trends that defined United States antitrust and competition in 2025.

The Trends That Defined European Antitrust in 2025

Four experts reflect on some of the trends that defined European competition in 2025.

How To Secure an Epic Win for Consumer Choice on Android Phones

For the first time in the history of mobile phones, Americans will be able to access a variety of app stores on Android phones, following game developer Epic Games’ legal victory over Google. Fiona Scott Morton and Nick Jacobson discuss how Google may try to undermine the court’s remedies to stifle competition and how both American and European regulators can respond to protect competition.

Warner Bros as Antitrust’s Streaming Stress Test

Warner Bros. (“Warner”), a prized and consequential media company, is once again on the auction block, and both Netflix and Paramount Skydance are competing to buy it. Barak Orbach observes that bidders’ appetites for prized media enterprises often foster undue optimism about the feasibility of successfully integrating them. He argues that antitrust scrutiny of any acquisition of Warner would likely underscore the need to modernize certain antitrust doctrines and analytical frameworks.

How To Design CBDCs for an Open World Economy

Countries representing 98% of global GDP are exploring central bank digital currencies. They must devise digital infrastructure to maximize competition, writes Jeff Alvares.

Open Source Is Having a Moment in AI Regulation. Here Is What the Data Says

Jérémie Haese and Christian Peukert present new empirical findings on core open source technologies for the web and AI. Open source holds promise for making AI systems more transparent and secure, but it risks masking continued centralized control under the guise of openness.

Canceling the Antitrust Show? Live Nation-Ticketmaster’s Latest Attempt To Keep Its Monopoly

Live Nation-Ticketmaster has filed a motion for summary judgment to persuade the judge presiding over the antitrust lawsuit against the company that the government has not turned up enough evidence of wrongdoing or harm to consumers. Diana L. Moss refutes the motion’s main arguments and defends the government’s lawsuit.

Defending the Merger Efficiency Defense: A Response to Herbert Hovenkamp

Nancy L. Rose and Jonathan Sallet respond to a recent article by Herbert Hovenkamp, in which he argues that the merger-efficiencies defense, which requires merging parties to demonstrate competitive benefits of a merger in order to rebut a prima facie case of harm presented by plaintiffs, is too burdensome and runs contrary to empirical evidence.

What Brazil’s Pix Reveals About WTO Rules for the Platform Economy

In the second of two articles, Jeff Alvares analyzes the competing arguments around Pix under World Trade Organization rules—a debate involving broader questions about how international trade rules need to reflect the complexity of public services in the digital economy.

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