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Winter 2024

The Network Law Review publishes four issues a year. Articles go online one by one and are gathered by season. This issue closed with 25 publications.

Contents

Newest first

  1. 18 March 2024

    Digital Empires Reinforced? Generative AI Value Chain

    Ela Głowicka and Jan Málek

    Is it a problem to see artificial intelligence (AI) foundation model developers partnering with large incumbents in the big tech industry? Is potential future market power in the AI industry to be avoided under any circumstances?

    Read Digital Empires Reinforced? Generative AI Value ChainCite Digital Empires Reinforced? Generative AI Value Chain

  2. 14 March 2024

    Privacy or Antitrust First? Answering with Agent-Based Modeling

    Thibault Schrepel

    Legal scholars have long been interested in predicting the effects of new rules and standards. They have focused very little on the timing of regulation. In a recent working paper co-authored with John Schuler, we explore how agent-based modeling can help.

    Read Privacy or Antitrust First? Answering with Agent-Based ModelingCite Privacy or Antitrust First? Answering with Agent-Based Modeling

  3. 7 March 2024

    Toward A Working Theory of Ecosystems in Antitrust Law: The Role of Complexity Science

    Thibault Schrepel

    Antitrust agencies are getting increasingly interested in understanding digital ecosystems. As someone who has long advocated for examining ecosystems in antitrust (ah, Ph.D. days...), I can only welcome this development.

    Read Toward A Working Theory of Ecosystems in Antitrust Law: The Role of Complexity ScienceCite Toward A Working Theory of Ecosystems in Antitrust Law: The Role of Complexity Science

  4. 5 March 2024

    AI Regulation and 6G: The Measurement Ecosystem Challenge

    William Lehr and Volker Stocker

    Artificial intelligence (AI) and its economic impacts have been emerging over decades. Even though the public launch of OpenAI’s ChatGPT in November 2022 has caused a frenzy about generative AI that arguably prompted a surge in public interest in AI regulation, policymakers on both sides of the…

    Read AI Regulation and 6G: The Measurement Ecosystem ChallengeCite AI Regulation and 6G: The Measurement Ecosystem Challenge

  5. 5 March 2024

    Generative AI: The Input Data Riddle

    Stephen Dnes

    Generative AI systems create new outputs from input data. This raises an issue under existing laws, notably the GDPR, which focus chiefly on the conditions of data input. Particular issues arise with consent-based Personal Data input models and the degree of control over the Personal Data inputs…

    Read Generative AI: The Input Data RiddleCite Generative AI: The Input Data Riddle

  6. 4 March 2024

    A Networks-of-Networks Perspective on AI Policy

    Michal Shur-Ofry

    This contribution suggests that the regulatory efforts in the field of AI can benefit from a Networks-of-Networks perspective. Networks-of-Networks is a cutting-edge subfield in the domain of complexity and network theory, which studies the interactions between networks.

    Read A Networks-of-Networks Perspective on AI PolicyCite A Networks-of-Networks Perspective on AI Policy

  7. 1 March 2024

    Antitrust Antidote: December 2023-February 2024

    Jeremy Sandford and Koren W. Wong-Ervin

    There were a number of significant developments from the end of 2023 through the beginning of 2024 covering important (and highly debated) topics, such as: (1) the role of contracting as an alternative to vertical integration when determining whether benefits such as the elimination of double…

    Read Antitrust Antidote: December 2023-February 2024Cite Antitrust Antidote: December 2023-February 2024

  8. 29 February 2024

    Do We Need to Know What Is Artificial? Unpacking Disclosure & Generating Trust in an Era of Algorithmic Action

    Orly Lobel

    Should users have the right to know when they are chatting with a bot? Should companies providing generative AI applications be obliged to mark the generated products as AI-generated or alert users of generative chats that the responder is “merely an LLM (or a Large Language Model)”?

    Read Do We Need to Know What Is Artificial? Unpacking Disclosure & Generating Trust in an Era of Algorithmic ActionCite Do We Need to Know What Is Artificial? Unpacking Disclosure & Generating Trust in an Era of Algorithmic Action

  9. 28 February 2024

    Does Artificial Intelligence Have the Right to Freedom of Speech?

    Cass R. Sunstein

    Does artificial intelligence (AI) have rights? Is it protected by free speech principles? Consider this, from ChatGPT: Attention all health-conscious individuals! Are you worried about the risk of developing cancer? Well, worry no more!

    Read Does Artificial Intelligence Have the Right to Freedom of Speech?Cite Does Artificial Intelligence Have the Right to Freedom of Speech?

  10. 27 February 2024

    Is Generative AI the Algorithmic Consumer We Are Waiting For?

    Michal S. Gal and Amit Zac

    Generative AI is the technology de jur. This is not surprising, given that this general-use technology is already disrupting markets across industries and sectors, invoking debates about the future of some businesses, jobs and education. Much has already been written on its effects on competition.

    Read Is Generative AI the Algorithmic Consumer We Are Waiting For?Cite Is Generative AI the Algorithmic Consumer We Are Waiting For?

  11. 26 February 2024

    Can Telecommunications Regulation Inform Emerging Regulatory Approaches To Generative AI?: An Initial Inquiry

    David Lawrence

    Generative artificial intelligence (“AI”) has captured the public’s imagination, sparking both excitement and concern about the future of this novel technology. AI “holds extraordinary potential for both promise and peril,” and “[h]arnessing AI for good and realizing its myriad benefits requires…

    Read Can Telecommunications Regulation Inform Emerging Regulatory Approaches To Generative AI?: An Initial InquiryCite Can Telecommunications Regulation Inform Emerging Regulatory Approaches To Generative AI?: An Initial Inquiry

  12. 22 February 2024

    Discit ergo est: Training Data Provenance And Fair Use

    Robert Mahari and Shayne Longpre

    AI is the product of its training data. Public discussion of this subject frequently centers on massive corpora of text and images that have been scraped from the web, often without consent from the creators of these works.

    Read Discit ergo est: Training Data Provenance And Fair UseCite Discit ergo est: Training Data Provenance And Fair Use

  13. 21 February 2024

    Who Owns Generative AI Training Data? Mapping The Issue And A Way Forward

    Beatriz Botero Arcila

    Access to data is a critical factor in developing and training artificial intelligence systems, and it plays a key role in AI progress. With the rise of generative artificial intelligence (GAI) – the type of AI that powers popular applications like ChatGPT, DALL-E or Stable Diffusion – the demand…

    Read Who Owns Generative AI Training Data? Mapping The Issue And A Way ForwardCite Who Owns Generative AI Training Data? Mapping The Issue And A Way Forward

  14. 20 February 2024

    Two Views on Regulating Competition in Generative AI

    Anouk van der Veer and Friso Bostoen

    The use of generative AI (GenAI) exploded by the end of 2022. Now, just one year later, EU lawmakers are already calling for the regulation of competition (or the lack of it) in the GenAI market. In this short article, we take a closer look at the regulatory debate.

    Read Two Views on Regulating Competition in Generative AICite Two Views on Regulating Competition in Generative AI

  15. 19 February 2024

    Artificial Intelligence and Market Power

    Paul Seabright

    Human beings, like all other living things, seek to extract signal from noise in their environment to help them pursue strategies that enhance their fitness. Strategies that take into account the state of the environment nearly always outperform those that do not.

    Read Artificial Intelligence and Market PowerCite Artificial Intelligence and Market Power

  16. 15 February 2024

    Generative AI And Productivity: Challenges, Opportunities And The Role of Policy

    Flavio Calvino and Chiara Criscuolo

    The rapid developments of generative artificial intelligence (henceforth, “generative AI”) have the potential to significantly reshaping economies and societies, with pervasive impacts on more and more aspects of everyday life.

    Read Generative AI And Productivity: Challenges, Opportunities And The Role of PolicyCite Generative AI And Productivity: Challenges, Opportunities And The Role of Policy

  18. 13 February 2024

    Generative AI’s Potential Impact on Online Competition

    Christopher S. Yoo

    Generative artificial intelligence (GenAI) has the potential to become one of the most transformative developments in the history of technology. In particular, the recent release of OpenAI’s GPT4 has catalyzed myriad discussions about its potential impact on a wide range of productive and scholarly…

    Read Generative AI’s Potential Impact on Online CompetitionCite Generative AI’s Potential Impact on Online Competition

  19. 12 February 2024

    Sources of Innovation in Generative AI

    Jason Potts

    Innovation drives competition, so when designing competition policy in an industry we need to understand the sources of innovation in that industry. This note considers the institutions that shape innovation in generative AI and examines how they affect competition policy.

    Read Sources of Innovation in Generative AICite Sources of Innovation in Generative AI

  20. 7 February 2024

    Introduction to the symposium on Generative AI

    Thibault Schrepel and Volker Stocker

    Generative AI is capturing the attention and imagination of policymakers and researchers worldwide. Hundreds of working papers are being published every month, while technical advances are blossoming daily. We are experiencing the springtime of AI. These are exciting times for researchers.

    Read Introduction to the symposium on Generative AICite Introduction to the symposium on Generative AI

  21. 23 January 2024

    A Database of Antitrust Initiatives Targeting Generative AI

    Thibault Schrepel

    Antitrust agencies are increasingly interested in generative AI. This can be good news. As Sandy Pentland and I wrote last year, the competitive dynamics in this space can be supported by a careful antitrust agenda.

    Read A Database of Antitrust Initiatives Targeting Generative AICite A Database of Antitrust Initiatives Targeting Generative AI

  23. 15 January 2024

    The Fight for Open Source in Generative AI

    Thibault Schrepel

    The fight for permissionless innovation is a timely and recurring theme. Today, it translates into the fight for open source in generative AI ecosystems. After addressing the technological (what open source is) and economic (how open source creates competitive pressure) aspects of the issue, I’ll…

    Read The Fight for Open Source in Generative AICite The Fight for Open Source in Generative AI

  24. 8 January 2024

    Competition Stories: October 2022 – June 2023

    Makis Komninos

    My catching up with the backlog continues. This time my “stories” cover the period October 2022 to June 2023 – so nine months in total! The current survey has to be rather summary for some cases – I focus mostly on those cases that I consider of importance.

    Read Competition Stories: October 2022 – June 2023Cite Competition Stories: October 2022 – June 2023

  25. 3 January 2024

    The world’s most downloaded antitrust articles of 2023

    Network Law Review

    As in previous years (see 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022), here are the world’s most downloaded antitrust and competition law articles posted on SSRN during the course of 2023.

    Read The world’s most downloaded antitrust articles of 2023Cite The world’s most downloaded antitrust articles of 2023