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Fall 2025

The Network Law Review publishes four issues a year. Articles go online one by one and are gathered by season. This issue closed with 21 publications.

Contents

Newest first
  1. 15 December 2025

    The Enigmas of Monopoly Power

    Herbert Hovenkamp

    Market power can be assessed in antitrust cases by two methods often described as “alternatives”. For unilateral conduct, however, they are inconsistent. Courts insist on market shares well above 50%, which entails that only one firm can be a monopolist.

    Read The Enigmas of Monopoly PowerCite The Enigmas of Monopoly Power

  2. 12 December 2025

    Understanding Digital Sovereignty in the Age of Artificial Intelligence

    William Lehr, Volker Stocker and Jason Whalley

    EU Digital Sovereignty has emerged as a key policy topic amid growing geopolitical tensions fuelled by an AI arms race in which corporate investment and government support appear mutually reinforcing.

    Read Understanding Digital Sovereignty in the Age of Artificial IntelligenceCite Understanding Digital Sovereignty in the Age of Artificial Intelligence

  3. 8 December 2025

    Return-to-Office Policies and AI Knowledge Sharing: A Game-Theoretic Analysis

    Elizabeth J. Durango-Cohen, Yidan Sun and Liad Wagman

    We develop a game-theoretic model to analyze optimal workplace arrangements in AI-enhanced teams where knowledge sharing is subject to location-dependent costs. Extending principal-agent theory to incorporate remote collaboration frictions, our model shows how return-to-office (RTO) policies affect…

    Read Return-to-Office Policies and AI Knowledge Sharing: A Game-Theoretic AnalysisCite Return-to-Office Policies and AI Knowledge Sharing: A Game-Theoretic Analysis

  4. 5 December 2025

    European Digital Sovereignty: From Naïveté to Sustainability?

    Valérie-Laure Bénabou

    Two decades of hyperactive EU digital rule-making have not delivered “digital sovereignty,” but instead exposed a strategic naïveté: Brussels built a Digital Single Market that turbocharged non-European cloud and platform incumbents.

    Read European Digital Sovereignty: From Naïveté to Sustainability?Cite European Digital Sovereignty: From Naïveté to Sustainability?

  5. 3 December 2025

    Revisiting Antitrust in the Age of Great-Powers Competition

    Jonathan M. Barnett

    US antitrust law has traditionally paid little attention to global competitiveness and industrial policy objectives. This reflects a commitment to enabling the free play of competitive forces to determine market outcomes and an aversion to protectionist policies that may favor inefficient “national…

    Read Revisiting Antitrust in the Age of Great-Powers CompetitionCite Revisiting Antitrust in the Age of Great-Powers Competition

  6. 26 November 2025

    The Rise of Industrial Policy in Europe and the Search for Growth and Innovation: A Golden Opportunity for Competition Authorities

    Frédéric Jenny

    This paper argues that the unintended and unanticipated costs of globalization revealed during the 2008 financial crisis and the 2020 COVID-19 pandemic have led to a renewed embrace of industrial policy. The rising market concentration and profit margins have also contributed to this development.

    Read The Rise of Industrial Policy in Europe and the Search for Growth and Innovation: A Golden Opportunity for Competition AuthoritiesCite The Rise of Industrial Policy in Europe and the Search for Growth and Innovation: A Golden Opportunity for Competition Authorities

  7. 24 November 2025

    AI, Data, And Leveraging Strategies: Implications For Antitrust

    Erik Hovenkamp

    In product markets that rely heavily on artificial intelligence (AI), firms both use data and generate data. For a multiproduct firm, the data generated by one product will often have spillover benefits on the firm’s other AI-enabled products, increasing their quality.

    Read AI, Data, And Leveraging Strategies: Implications For AntitrustCite AI, Data, And Leveraging Strategies: Implications For Antitrust

  8. 21 November 2025

    Antitrust and Great Powers Rivalry

    Daniel Crane

    “Great nations” rivalry includes all aspects of economic rivalry, so it is natural that the great nations consider antitrust a weapon in their arsenals, particularly in areas such as military, technology, culture, and finance.

    Read Antitrust and Great Powers RivalryCite Antitrust and Great Powers Rivalry

  9. 19 November 2025

    China and the Paradox of Protectionism?

    Richard N. Langlois

    The very idea of industrial policy implies that industrial capabilities, and thus comparative advantages, are malleable and can be deliberately created. So perhaps in attempting to deny a competitor our own trade and knowledge, we might unintentionally create incentives for the competitor to…

    Read China and the Paradox of Protectionism?Cite China and the Paradox of Protectionism?

  10. 17 November 2025

    Industrial Policy and Competitiveness: Non-Tariff Barriers and Incentives to Innovate

    Daniel F. Spulber

    Countries use non-tariff barriers (NTBs) as instruments of industrial policy. NTBs often are difficult to observe and hard to adjust because they are part of national regulations. NTBs are inflexible in comparison to tariffs. The number of NTBs has expanded significantly.

    Read Industrial Policy and Competitiveness: Non-Tariff Barriers and Incentives to InnovateCite Industrial Policy and Competitiveness: Non-Tariff Barriers and Incentives to Innovate

  11. 14 November 2025

    A Return of Industrial Policies? Only a Partial and Dystopic One

    Giovanni Dosi

    This article, an abridged version of much more detailed analyses in Dosi et al. (2025) and Dosi (2025), addresses three interrelated questions, namely: back to the basics, what are industrial policies? Granted that, is a new return of industrial policies actually in the making?

    Read A Return of Industrial Policies? Only a Partial and Dystopic OneCite A Return of Industrial Policies? Only a Partial and Dystopic One

  12. 12 November 2025

    Special Issue: Industrial Policy and Competitiveness

    Thibault Schrepel and Dirk Auer

    Industrial policy is back in fashion. Governments in the United States, Europe, and China increasingly deploy subsidies, trade restrictions, and regulations to promote domestic champions and secure supply chains.

    Read Special Issue: Industrial Policy and CompetitivenessCite Special Issue: Industrial Policy and Competitiveness

  13. 6 November 2025

    Competition Stories: January 2025 – June 2025

    Mario Siragusa, Alice Setari, Francesco Trombetta and Neri Conti

    On April 23, 2025, the Commission once again made headlines with multi-million-euro fines on two Tech giants: EUR 500 million for Apple and EUR 200 million for Meta. Yet this time was different. Fines did not follow the familiar script of lengthy investigations under decades-old antitrust rules.

    Read Competition Stories: January 2025 – June 2025Cite Competition Stories: January 2025 – June 2025

  14. 27 October 2025

    An effects-based approach to the DMA?

    Eckart Bueren and Marcel Zober

    The EU’s Digital Markets Act (DMA) uses per se prohibitions to regulate “gatekeepers,” prioritising rapid enforcement over case-specific effects analysis. This article assesses whether, despite the absence of a formal efficiency defence, certain efficiencies—particularly those enhancing…

    Read An effects-based approach to the DMA?Cite An effects-based approach to the DMA?

  15. 7 October 2025

    Antitrust Antidote: June-September 2025

    Koren W. Wong-Ervin, Jeremy Sandford and Nathan Wilson

    There were a number of decisions from June through September 2025 including: (1) a fifth recent decision (U.S. et al. v. Apple) refusing to apply the more defense-friendly refusal-to-deal standard; (2) yet another lower court decision (involving the “famed” Hermès Birkin bag) declining to apply a…

    Read Antitrust Antidote: June-September 2025Cite Antitrust Antidote: June-September 2025

  16. 1 October 2025

    The Future-Proof Fantasy of AI Regulation

    Thibault Schrepel

    The EU’s quest for “future-proof” AI regulation is a fantasy. AI evolves through emergent properties that defy prediction, yet Brussels continues to draft rules with an industrial, linear mindset. The result is a regulatory immune system that can detect but not respond.

    Read The Future-Proof Fantasy of AI RegulationCite The Future-Proof Fantasy of AI Regulation

  17. 29 September 2025

    Principal-Agent Dynamics and Digital (Platform) Economics in the Age of Agentic AI

    Volker Stocker and William Lehr

    This article applies the principal–agent framework to the use of autonomous AI systems in digital markets. It examines the challenge of aligning AI agents with the interests of end-users, given that many systems may also reflect the objectives of developers, platform providers, or advertisers.

    Read Principal-Agent Dynamics and Digital (Platform) Economics in the Age of Agentic AICite Principal-Agent Dynamics and Digital (Platform) Economics in the Age of Agentic AI

  18. 26 September 2025

    Personalized Competition Law: The New Frontier of AI Market Governance

    Adrian Kuenzler

    Artificial Intelligence technologies prompt several doctrinal shifts in competition law. For AI market governance, this means moving toward personalized enforcement. Rather than applying one-size-fits-all legal tests, regulators may need to tailor rules and liability standards by sector, by actor…

    Read Personalized Competition Law: The New Frontier of AI Market GovernanceCite Personalized Competition Law: The New Frontier of AI Market Governance

  19. 22 September 2025

    The New AI Regulation in Korea: Problems of Jurisdictional Overlaps

    Yo Sop Choi

    Each country has distinct governmental and political systems, which reflect its unique approaches to digital regulation. Korea stands out for its proactive regulatory policies in the digital markets, including the field of artificial intelligence.

    Read The New AI Regulation in Korea: Problems of Jurisdictional OverlapsCite The New AI Regulation in Korea: Problems of Jurisdictional Overlaps