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Winter 2025

Latin Antitrust Chronicles: October 2024 – February 2025

This overview highlights the Brazilian competition authority's investigations into issues related to human resources– CADE launched two new investigations in late 2024– as well as some of the key takeaways from the OECD’s Latin American and Caribbean Competition Forum–which covered fintech and open banking, the use of interim measures, and ex officio cartel investigations. Lastly,...
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Antitrust’s Forensic Tools

Most areas of law enforcement require investigative tools to provide evidence of violations and harm. Antitrust law’s single-minded focus on prices, output, and innovation explains its selection of economic tools. These tools were pro-enforcement and were embraced consistently by the Supreme Court, including proponents of scientific evidence such as Justice Brandeis.
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Will the EU AI Act Shape Global Regulation?

The European Union’s AI Act is one of the first attempts to regulate artificial intelligence technologies. Given that previous European digital regulations, such as the GDPR, have influenced laws all over the world, can we expect to see the AI Act as a global standard? This article argues that there are good reasons to believe...
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The Vestager Years: A Data-Driven Assessment

Teresa Ribera assumed the role of EU Commissioner for Competition just a couple of weeks ago on December 1, 2024. As a new chapter in EU competition law begins, Janneke Parrish and I present an empirical analysis of Margrethe Vestager’s two mandates.[1] Our objectives are twofold: (1) to provide access to data for the (newly)...
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Rising Market Power: Evidence from Industry Studies

The article reviews and evaluates results from several recently published industry studies that evaluate the evolution of market power over long time horizons. Evaluated collectively, the studies point to technological advances as being a primary driver of changing markups, concentration, and prices. They also highlight the role of industry heterogeneity, as the specific implications of...
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The Need for an Innovation Principle in Regulatory Impact Assessment

Many of Europe’s economies are hampered by a waning number of innovations, which in part is attributable to the European financial system’s aversion to funding innovative enterprises and initiatives. Specifically, Europe’s innovation finance ecosystem lacks scale, plurality, and risk appetite. These problems could be addressed by new and creative approaches and technologies for financing dynamism...
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A Framework for Assessing the Competitiveness of AI Partnerships

The year 2024 marked a pivotal moment as antitrust agencies accelerated their efforts in generative AI (see our database). AI partnerships have drawn significant attention in the space, with the CMA, DOJ, European Commission, and other agencies launching investigations and issuing their first decisions. These agencies have been addressing AI partnerships on a case-by-case basis—a...
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