Tag

Summer 2025

Japanese AI Regulation and Competition Law

This article explores Japan’s emerging approach to regulating generative AI, balancing innovation and risk. The government emphasizes soft, sector-specific regulation guided by international norms, while the 2025 AI Bill outlines policies promoting AI development and safety. The Japan Fair Trade Commission (JFTC) is conducting a market study to assess competitive concerns in generative AI, and...
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Crafting the Regulatory Ecosystem for AI: Competition 2.0

The challenges of the global landscape and new market realities, significantly led by the digital sector and AI development, are poised to shape competition policy and call for an unprecedented level of inter-policy coordination. This scenario gives rise to a new legal ecosystem of competition, what one can refer to as competition 2.0, an integrated...
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Statutory Obsolescence in the Age of Innovation: A Few Thoughts about GDPR

This article examines the problem of statutory obsolescence in the regulation of rapidly evolving technologies, with a focus on GDPR and generative AI. It shows how core GDPR provisions on lawful processing, accuracy, and erasure prove difficult—if not impossible—to apply to AI systems, generating legal uncertainty and divergent national enforcement. The analysis highlights how comprehensive,...
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AI Governance as Regulation of Collective Memory

The emerging regulatory landscape in the field of AI will substantially influence the construction of collective memory and play a critical role in shaping our “future’s past”. This contribution takes a close look at the traits of collective memory, maps its potential frictions with the emerging AI field, and demonstrates how multiple AI governance schemes—from...
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Dams For The Infinite River: Limits To Copyright’s Power Over The Next-Generation of Generative AI Media

As the levels of speed and control of Generative AI tech increase to a degree that any media can be changed in real-time to the whim of the consumer, content is becoming interactive – each image its own canvas, each song its own instrument. Counter-intentionally, copyright appears to drive this new form of production towards...
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Governing Hyperobjects: The New Economics of AI Regulation

Artificial intelligence is not simply a hard regulatory problem, but a fundamentally different kind of object – a hyperobject. Like global warming or the internet, AI operates at scales of space, time, and complexity that exceed the conceptual and institutional boundaries of conventional regulatory systems. Traditional law and economics frameworks that are designed for bounded,...
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The Regulation that Cried Wolf: Generative AI Training Data and the Challenge of Lawful Scale

This essay examines how the EU’s Digital Markets Act unintentionally reshapes the foundations of generative AI. By barring gatekeepers from relying on “legitimate interest” as a legal basis for processing personal data, the DMA creates a fragmented two-tier regime: smaller firms retain flexibility, Europe’s largest AI deployers face structural limits on scale. The piece argues...
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Artificial Intelligence and Data Policies: Regulatory Overlaps and Economic Tradeoffs

The Network Law Review is pleased to present a special issue entitled “The Law & Technology & Economics of AI.” This issue brings together multiple disciplines around a central question: What kind of governance does AI demand? A workshop with all the contributors took place on May 22–23, 2025, in Hong Kong, hosted by Adrian...
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Toward Compliance Zero: AI and the Vanishing Costs of Regulatory Compliance

AI systems now perform core compliance tasks once reserved for humans. Prof. Ohm argues that this will drive the marginal cost of regulatory compliance toward zero. The claim is grounded in the nature of compliance work, a walkthrough of automatable duties under the EU AI Act, and a Hamburg court’s embrace of LLM-enabled “machine-readable” opt-outs....
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Special issue on “The Law & Technology & Economics of AI”

Regulators across the globe are rushing to ramp up their regulatory frameworks to rein in and deal with Big Tech and AI. Brussels has seized first-mover status and already rolled out a dense corpus of digital acts. The move has stirred controversy. While firms and users may face higher costs, doubts about regulatory effectiveness linger....
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How Employee Networks Drive Innovation, and How Remote Work Alters Both

Our research examines how employee collaboration networks within companies affect the quality of innovation, using data from over 28,000 employees at a large IT services firm. We find that employees who collaborate with more colleagues produce higher-quality innovation, and those who act as "brokers"—connecting otherwise separate groups—create benefits for their entire network. Just being part...
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The U.S. Supreme Court and the Merger Efficiency “Defense”

Firms’ principal motives for merging are not to increase market power, but rather to improve firm outcomes through changes in internal operations or structure. Of the 17000+ mergers that occur annually in the U.S., 90% or more have no expectation of an anticompetitive price increase or output reduction. They can profit only by better performance....
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The Counterintuitive Economics of Default Positions

Which supplier should control the default slot on digital devices? We analyze alternative ways to assign the default position for digital goods like search engines. First, we show that competitive bidding for the default usually rewards the higher-quality incumbent, yet it can reduce consumer welfare by cranking up ads and data extraction. Second, and perhaps...
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Computational Antitrust: Evidence From 25 Antitrust Agencies

This paper explores patterns from the Stanford Computational Antitrust project’s fourth annual report, which includes contributions from 25 agencies worldwide. The findings reveal that most agencies are converging around similar technological solutions, particularly large language models and machine learning tools, and face common challenges related to explainability, data security, and organizational adaptation. The analysis suggests...
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Antitrust Antidote: March-June 2025

There were a number of decisions from March through June 2025 including: (1) a Ninth Circuit win by Microsoft and Activision in the FTC’s suit challenging the vertical integration between the two companies; (2) two district court decisions (U.S. et al. v. Google Ad Tech and U.S. et al. v. Live Nation) in which courts...
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