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The EU Commission’s Meta Decision on “Consent or Pay” Foregoes Competition for Data Privacy Law

In new research, Wolfgang Kerber argues that the European Union's decision to require a third option in Meta's "consent or pay" model focuses too heavily on user consent and ignores the broader goal in the Digital Markets Act of reducing gatekeeper advantages and increasing competition.

Call for 2027 Applications: The Stigler Center Affiliate Fellowship

The Stigler Center is seeking pre-tenure candidates for its Affiliate Fellows program. Applications are due January 22. You can apply here.

Competition Agencies Should Use Conditional Fines to Complement Behavioral Remedies That Age Poorly

In new research, Patrice Bougette, Frédéric Marty, and Simone Vannuccini propose that competition authorities add a conditional fine to antitrust cases that is activated when behavioral remedies are no longer effective.

Seeing Like a Supply Chain

The following is an excerpt from Seeing Like a Supply Chain by Miriam Posner, now out at Yale University Press.

SVB Shows Giving Growing Banks More Time To Meet Standards Comes With Risks

As banks grow, tiered regulation places them in stricter categories to address their greater risks. In new research, Pedro M. Batista finds that transition periods between tiers might delay when some higher standards become mandatory, potentially leaving growing banks exposed while known risks remain unresolved, as happened with Silicon Valley Bank. Federal Reserve reforms should address this gap between growing risks and delayed safeguards.

Finding a New Direction for the Common Good

Matt Lucky reviews Mariana Mazzucato’s new book The Common Good Economy: A new compass, now out at Basic Venture Group.

Top Scientific Research Is Globalizing, But Economics Is Becoming More Concentrated

Prizewinning research in most science-related academic fields has become less concentrated among institutions. However, as Richard B. Freeman, Danxia Xie, Hanzhe Zhang, and Hanzhang Zhou discuss in new research, prizewinners in economics continue to come from a narrow set of American institutions.  

The “Major Questions Doctrine” Precludes a Merger Efficiency Defense

For decades antitrust agencies, courts, and scholars have debated whether Section 7 of the Clayton Act permits an efficiency defense, in which merging firms can argue that enhanced efficiencies from the merger show that it does not reduce competition. However, the Supreme Court’s recent establishment of the “major questions doctrine,” which enforces or re-enforces a textualist reading of regulatory statues, undermines proponents of the efficiency defense, because the Clayton Act does not clearly and explicitly contain an efficiency defense. The “major questions doctrine” essentially acts as textualism on steroids,” writes Robert H. Lande.

Bank Concentration Undermined the Fed’s Monetary Policy During the Last Tightening Cycle

In new analysis, Madhav Parikh examines how competition among banks in the United States shapes the way monetary policy reaches depositors. Tracking U.S. banks from late 2021 through mid-2026, he finds that banks in more concentrated local markets repriced their deposit interest rates less than banks in competitive markets, both as the Fed raised rates and as it cut them.

Private Enforcement of the DMA Brings Efficiencies yet Potential Disharmony

The Digital Markets Act establishes central rules and enforcement for digital platforms across the European Union, but allows decentralized private enforcement on the national level. In new research, Lena Hornkohl and Barbara Justen reflect on how two recent German court cases show how national litigation can make the DMA more effective, but also highlight the need for mechanisms that aid in consistent interpretation.

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