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TechREG® Chronicle – Regulating AdTech
Privacy-Enhancing Technologies in Adtech and Consumers’ Perceived Privacy Violations
Health Data and the Future of Adtech
Why are the DOJ and EU Commission Looking to Break Up Google?
Testimony Before the U.S House of Representatives Committee on the Judiciary Hearing on “Collusion in the Global Alliance for Responsible Media”
Exploring the Evolution and Future of China’s Anti-Monopoly Law with Prof. Huang Yong
Antitrust Chronicle® – International Trade & Antitrust
What is Wrong with the WTO Discipline on Subsidies?
The Abiding Tension Between Trade Remedy Law and Antitrust
Trade and Antitrust: An End to Isolationism
International Trade Law and Domestic Regulation of Generative Artificial Intelligence: Divergent Approaches?
Petitioning and Settling Trade Cases – Where Antitrust and Trade Principles Avoid Collision
All Dressed Up with No Place to Go? The FTC’s Ban on Non-Competes is Ready, But Legal Challenges Await
Antitrust Chronicle® – Artificial Intelligence & Antitrust
On the Antitrust Implications of Embedding Generative AI in Core Platform Services
Generative AI Partnerships: Separating Good from Bad
Artificial Intelligence: A New Dimension for Competition?
Antitrust in the Age of Artificial Intelligence: Lessons from “I, Robot”
Artificial Intelligence (AI) and Antitrust Issues: An EU/UK Competition Law Practitioner’s Perspective
Antitrust & Generative AI: An Enforcer’s Perspective
CADE’s Comments on Brazil’s AI Bill of Law – Striking a Balance Between Regulation and Innovation
China Releases Consultation Draft for Horizontal Merger Review Guidelines
Big Tech and Competition – The Future for Sustainable Regulations and Policies
The Andean Community and Leniency in Latin America
Antitrust Chronicle® – Private Equity Roll-Up Schemes
The FTC’s Focus on Private Equity is Warranted
Unraveling the Roll-Up: Private Equity’s Misunderstood Investment Strategy
Antitrust Focus on Private Equity Funds and Serial Acquisitions
Private Equity Roll-Ups Amidst Heightened Antitrust Enforcement
Notification and Enforcement of Pe-Backed Consolidation
Paws for Thought: Putting UK Vet Acquisitions on a Tightened Leash
TechREG® Chronicle – Regulating Digital Currencies
Stablecoin Regulation & Adoption are Essential for U.S. Crypto Policy
Are Stablecoins Winner-Take-All?
Regulating Digital Currencies: Ensuring an Efficient and Competitive Payment Market
Surviving Regulation by Enforcement
The Impact of the SEC’s Regulation by Enforcement
The Controversial Biometric Data Processing of an Ambitious Crypto Asset
Antitrust Chronicle® – Labor & Antitrust
A Brief History of Labor Within Antitrust Law
Balancing Act: Navigating Nuances in Labor Market Enforcement
Countervailing Powers: Voice vs. Exit in Remedying Labor Market Harms from Anticompetitive Mergers
Can Personalization in Online Employment Platforms Drive Hiring Bias?
No-Poach Agreements: An Economic Perspective
Antitrust Lessons from Labor
Heightened Antitrust Scrutiny in Labor Markets: The Turkish Competition Authority’s Perspective
Lessons for the DMCC: Challenges and Trade-offs Facing Access to Ecosystems in Digital Markets
Digital Markets: Regulation or Innovation in Asia-Pacific?
Antitrust Chronicle® – Healthcare Antitrust
AI and Antitrust Considerations in U.S. Health Care
Uncertainty in the Bottom Line: New Antitrust Scrutiny and Enforcement in Private Equity Transactions
Effecting M&A Diligence When Competitors Are Involved
AI, Pharmaceutical Sector, and EU Competition Law and Policy: What Does the Future Look Like?
The Credit Card Competition Act of 2023: Elements and Potential Impact
Antitrust Division Lawyers’ Recent Messaging on Prosecuting Defense Attorneys Should Disappear
TechREG® Chronicle – Network Neutrality
Not the Same Old Broken Record?: Why Judicial Review of the 2024 Net Neutrality Rules Could Be Different
The Expert Agency on Communications
On the New Administrative Law of Broadband Classification
U.S. Net Neutrality Regulation: Here Again… For Now
Network Neutrality as Governance Seam
Title II: The Model T of Broadband Regulation
Net Neutrality: Doing the Same Thing Over and Over Again and Expecting a Different Result
Antitrust Chronicle® – Merger Guidelines Retrospective
Mergers of Complements
Personality Traits, Private Equity, and Merger Analysis
The 2023 Merger Guidelines: Lessons in the Importance of Incipiency, Modern Economics, and Monopsony
The 2023 Merger Guidelines: Sharpening Merger Analysis
Potential Competition: A Force Awakened or a Phantom Menace?
Procompetitive Effects of Mergers in the 2023 Merger Guidelines: What Counts and Where?
Common Ownership in the Merger Guidelines
Deterrence in Merger Review: Likely Effects of Recent U.S. Policy Changes
Competition and Poverty Reduction: What Is the Role for Competition Authorities?
Public Tenders and Competition Law: Are We Acting Competitively in Australia?
Antitrust Chronicle® – Ecosystems
Mapping Antitrust onto Digital Ecosystems
Ecosystems and Competition Law: A Law and Political Economy Approach
Ecosystem Theories of Harm: What is Beyond the Buzzword?
Open Ecosystems: Benefits, Challenges, and Implications for Antitrust
The Concept of Ecosystem: A Shield, a Sword, or Janus?
Rethinking Competition Enforcement for Sustainable Data-Driven Ecosystems
Time for Competition Law Enforcement in Sports: Recent Developments in Latin America
The Impact of Space Exploration Projects in Telecommunication Competition1
TechREG® Chronicle – Biometric Privacy Rights
FTC and State Attorneys General Poised for Strengthened Action on Biometric Privacy
Biometric Privacy as a Case Study for U.S. Privacy Overall
Getting Bipa Right: Biometric Identifiers Must Identify
Bipa 007- Biometric Privacy Laws or License to Kill Businesses
Biometrics Risks in the Lone Star State: What In-House Counsel & C-Suite Executives Need to Know
What Women Risk From Workplace Monitoring
Charting Europe’s Course: Insights from Mario Monti on Competition Dynamics in Dynamic Markets
Antitrust in Dynamic Markets: Perspectives from Chief Economists
Andreas Schwab Reflects on Calls for Dynamic Enforcement in Digital Markets Amid AI Integration
Dynamic Competition in Dynamic Markets: Exploring the Future of Digital Mergers and Innovation
Yanyan Yang on China’s Merger Control
Experts Discuss Algorithmic Pricing at CPI’s European Conference
Critical Decision: COFECE and the Future of E-commerce Competition in Mexico
Platform Regulation: Where Do We Stand & What Are We Missing?
AI & Competition Law: What Are the Challenges and Opportunities?
Antitrust Chronicle® – Economics of Criminal Antitrust
Navigating Economic Expert Work in Criminal Antitrust Litigation
The Increased Importance of Economics in Cartel Cases
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Economic Analysis in Criminal Antitrust Violations: A Review of Recent Matters Involving Expert Economist Testimony
Presenting Economic Evidence in a Criminal Antitrust Trial: Some Strategic Thoughts
Choke Points, Competitiveness, and Competition
Antitrust Chronicle® – China Edition – Year of the Dragon
Review Logic and Rules for Concentrations of Undertakings that Do Not Meet the Standard of Notification
China’s Review of Semiconductor Transactions
Key Challenges and Tips for Merger Control Filing in China for Listed Companies
Key Point Review: China SPC Antitrust Judgments in 2023
The Interplay Between Antitrust and Private Intellectual Property Litigation in China: Patent Law and Beyond
China’s Regulation on Resale Price Maintenance: The Necessity and Path for the Implementation of the “Safe Harbor” and “Effects-Based Defense” Mechanisms
Patent Valuation in China SEP Cases
Roger Zhang on Recent Regulatory Developments
Reflecting on Two Decades Since the Microsoft Decision: Lessons and Insights
The Challenges of Shifting Landscapes
Chinese Standard Essential Patents Licensing Negotiations and Dispute Resolution in Practice
Argentina’s Leniency Program: A Proposed Regulation
Antitrust Chronicle® – Real Estate & Antitrust
Systematic National Evidence of Steering by Real Estate Agents
Compliance Now! Actionable Antitrust Advice for the Residential Real Estate Industry
Real Estate Commissions: Some Insights from the Economics of Multi-Sided Platforms
New Ideas for Promoting Real Estate Brokerage Price Competition
Recent Developments in the Competition Authorities’ Activities in the Real Estate Sector in the EU and UK
TechREG® Chronicle – Regulating Cloud Computing
Is Merger Enforcement Keeping Up with the Cloud?
Cloud Computing: Regulating a Tech Market Before Competition Fails
Cloud Regulation in the EU Data Act
Cloud Sovereignty as a Driver of EU Policy
Regulating Data Protection in Cloud Computing
Market Concentration in Cloud Services and its Impact on Investigative Journalism
Ofcom’s Study Into Competition in Cloud Markets Prompts Referral to the CMA for Further Investigation
What’s FRAND Got to Do With It: How Will Fair, Reasonable, and Non-Discriminatory Terms be Determined for Accessing Digital Platforms?
Brazilian Competition Policy in 2023: A Changing Landscape
Antitrust Policy and Legal Standards for Build-or-Buy Decisions
Antitrust Chronicle® – Pricing Algorithms
Pricing Algorithms and Antitrust Enforcement: Sandboxes to the Rescue?
AI, Algorithmic Pricing, and Collusion
Competition & Collusion in a World of Algorithmic Pricing: Antitrust Risks & Enforcement Trends
Pricing Algorithms in Antitrust’s Sights?
Pricing Algorithms — What Role for Regulation?
Competitive Implications of Pricing Algorithms Under the United States Antitrust Laws
Algorithmic Collusion and Personalized Pricing: A View from the UK
AI in Pricing Algorithms: Beware Falling Foul of Antitrust Rules and Data Privacy Laws
Antitrust Risks Involving Algorithmic Pricing: The Brazilian Experience
TechREG® Chronicle – Regulating Social Media
Enhancing Social-Media Regulation Through Transparency? Examining the New Transparency Regime in the EU
Social Media Regulation Futures: Learning from International Policy Mixes
A Law & Economics Approach to Social Media Regulation
Regulating Social Media
Online Safety and Pro-Competition Regulation: Friends or Foes?
The Trust in Social Networks
Lawmakers “Move Fast and Break Things” when Regulating Social Media, but AI Can (and Should) Be Handled Differently
Understanding the Difference Between Participants and Contributors in a Standard-Development Process
Antitrust Chronicle® – Economics of Data
Theories of Harm Because of Data
Data in The Digital Economy: The “Anti-Hero” of Antitrust or Just “Bad Reputation?”
From Data Myths to Data Reality: What Generative AI Can Tell Us About Competition Policy (and Vice Versa)
Not All E-Commerce Businesses are Born Equal: Implications for Privacy Regulation
The Economics of the Data-Driven Economy and the Demand for Antitrust
Can Data Regulation Reshape the Short-Term Rental Market?
Data at the Frontline: The Economic Theories of Data-Centric Antitrust Enforcement
“Power, not Price”: On the Antitrust Agenda for the “Next World Order”
Reducing Administrative Costs in U.S. Healthcare: Using Precedent Thinking to Develop Pathways to Innovative Solutions
Removal of Standstill Obligations for Open Market Transactions Under the 2023 Competition Amendment Act
TechREG® Chronicle – Encryption
Who Controls Your Phone: Client-Side Scanning and the Future of Ownership
The Encryption Dilemma: Attempting to Resolve the Unresolvable
A Secure Digital Society without Strong Encryption is Unthinkable
Emerging Policy Questions for Quantum Encryption
Antitrust Chronicle® – The Rule(s) of Reason
Evolving the Rule of Reason for Legacy Business Conduct
The Object Identity
In Praise of Rules-Based Antitrust
The Future of State AG Antitrust Enforcement and Federal-State Cooperation
Resurrecting the Incipiency Doctrine Recreates the Problem it was Designed to Solve
Antitrust Chronicle® – Non-Price Effects of Mergers
Is Data “The New Oil”? Non-Price Effects of Mergers In Data-Intensive Industries
Non-Price Effects in Mergers: Examples from Federal Trade Commission Enforcement, 1992-2023
Non-Price Effects of Mergers in Healthcare Markets
Booking/eTraveli and One-Stop Shopping
Illumina v. FTC: The Clayton Act Protects Competition in Future Markets
Breaching Merger Remedies May be an Abuse of Dominance: Turkish Competition Authority’s EssilorLuxottica Decision
Dr. John Yong Ren on the Broadcom/VMware Deal
New DOJ-FTC Merger Guidelines: Opportunities and Strategies for Merging Parties
Green Deal: A Proposal to Revamp the Mexican Review of Collaborative Agreements in the Context of the Climate Crisis
What could be the impact of the shared competence of two regulatory authorities on data privacy issues regarding DMA-like legislation?
Are national competition authorities equipped to enforce DMA-like legislation?
What is the role of Rekabet Kurumu, and do you see a role of a national competition authority in helping foment foreign investments in Turkey?
Do you think implementing a new ex-ante regulation will help boost Turkish economic growth? Do you see any risk in adopting additional regulation in times of economic uncertainty?
How does the EU handle common agenda items, such as data privacy, in terms of effective enforcement of the DMA? Can competition authorities independently rule on matters that touch upon personal data?
What value for the European economy is expected from the data combination and cross-use provisions/prohibitions in the DMA?
TechREG Chronicle® – Regulating Generative Artificial Intelligence Volume 2
If it’s Too Good to Be True, it Probably isn’t — Particularly When “Them That’s Got” Promise to Help: Artificial Intelligence Challenges to Antitrust
Provider Liability for Generative AI Companies
Antitrust Agencies Identify Generative AI Concerns
Competition and Artificial Intelligence: An Australian Policy Perspective
Generating Concerns? Exploring Antitrust Issues in the Generative AI Sector
Artificial Intelligence: Current Environment, Regulatory Landscapes, Liabilities, and Best Practices
The Undue Reliance on Article 101(3) TFEU in the Assessment of Sustainability Agreements in the 2023 Horizontal Guidelines
Why does the EU attach special importance to two-sided business models based on monetization of personal and non-personal data in its regulations, such as the DMA?
Is the current Turkish Competition Framework insufficient to deal with today’s competition challenges?
What is the importance of data combination in the economy today? And what impact could its limitation have?
Antitrust Chronicle® – CRESSE Insights
Brown Shoe Merger Policy and the Glorification of Waste
Why (European) Antitrust Law Should Not Treat Labor Markets Differently
The Dominance of the Consumer Welfare Criterion in Antitrust Enforcement: An Empirical Analysis of UK and EC
More Likely Than What? The Relevance of the Counterfactual in Nascent and Dynamic Industries
Expelling the Economists from EU Merger Control
The Italian Experience in the Enforcement of Excessive Prices: A Calibrated Approach
China’s Antitrust Regulation on Abuse of SEPs in the Auto Sector: Development and Trend of Legal Basis and Practice
Do you think implementing a new ex-ante regulation, like the DMA, will help boost Turkish economic growth?
What is the importance of data combination in the economy today? And what impact could its limitation have?
Do you think implementing a new ex-ante regulation will help boost Turkish economic growth? Do you see any risk in adopting additional regulation in times of economic uncertainty?
Do you think national competition authorities are equipped to enforce DMA-like legislation?
Open Network for Digital Commerce: The Multiverse of Platforms
Hub-and-Spoke Agreements: What to Expect in China After AML Amendments
Antitrust Chronicle® – Right to Repair
States Do-it-Themselves: Amid Spotty Federal Enforcement, State Legislatures are Revamping Right-to-Repair Laws at an Unprecedented Pace
All Tied Up? The Evolving Consumer Protection Focus on Repair Restrictions
Right to Repair is Rooted in Antitrust Law
Right to Repair: A Case Study for the Maturation of a Regulatory Issue
The Time Has Come to Recognize the Right to Repair
The Strategic Response to the Right to Repair
Legal Practices and Development Direction for Anti-Monopoly Supervision of Data in China
Class Certification in the Ninth Circuit After Olean
A Fireside Chat with Marcus Bezzi
Antitrust Chronicle® – Horizontal Competition: Mergers, Innovation & New Guidelines
Innovation in Merger Control
Making Sense of EU Merger Control: The Need for Limiting Principles
Sustainability Agreements in the EU: New Paths to Competition Law Compliance
Merger Control and Sustainability: A New Dawn or Nothing New Under the Sun?
TechREG Chronicle® – Intellectual Property & Technology
Rethinking Intellectual Property Law in an Era of Generative AI
Generative AI and Copyright Protection: AI Dreams of Electric Sheep
An Economic Analysis of the Artificial Intelligence-Copyright Nexus
The Proposed EU SEPs Framework Regulation – Time to Complete Huawei/ZTE
The European Commission’s Proposed SEP Regulation – A Missed Opportunity for Meaningful Reform?
Antitrust Chronicle® – Consent Decrees
Consent Decrees Under the Biden Administration
The FTC´s Prior Approval Mischief
Fix-It-First: A Seismic Shift in U.S. Antitrust Agency Approaches to Merger Remedies
“Shadow” Settlements and the Tunney Act
Room for Agreement? Antitrust Merger Consent Decrees Policy and Practice Under the Biden Administration
Market Power and Copyright: The ASCAP and BMI Consent Decrees
Canada’s Competition Act: The Reform Process Continues
Antitrust Chronicle® – Bid Rigging
Cartels in Public Procurement: A Reassessment
Bid Rigging and Umbrella Damages
Procurement Planning in the EU: Assessment from a Bid Rigging Perspective
Hub and Spoke Cartels and Bid Rigging in Brazil: Current Landscape and Forward-Looking Considerations
Bid Rigging In Public Procurement
Antitrust Chronicle® – Ex Post Review
Ex Post Review in the EU – Steps Back to the Future
Ex Post Review: An Under-Used Tool in the Antitrust Enforcement Toolkit
The Deterrence of Anticompetitive Behavior: A New Approach Based on the Diffusion of Information About Competition Policy Interventions
Review of the CMA’s Approach to Vertical Mergers
Ex Post Reviews: Learning from the Past, or Learning in Real Time?
Tracking Ancestry: KFTC Guidelines on Online Platforms
Will the U.S. Draft Merger Guidelines Influence Merger Control in South Africa?
TechREG Chronicle® – Brokering Reform: Regulation of Data Markets
CPI TechREG Talks… …with Samuel A.A. Levine
Data Brokers in the Hot Seat: A Continuing Story
To Share or Not to Share: Regulating Data Brokers
Data Brokers: Intermediaries for More Efficient Data Markets?
Data Broker Regulation – Competition v. Privacy Considerations: Trade-Offs
Is Personal Data Still Up for Grabs?
Keeping Up with the Alchemists – Regulating Data Brokers in Australia
Vertical Merger Enforcement: Where Do We Go from Here?
Antitrust Chronicle® – Competition & Innovation
Innovation and U.S. Antitrust Law
Antitrust Policy Toward Innovation Competition: Measuring Dynamic Efficiency
Capturing Innovation for Antitrust Purposes
Innovation, Invention, and Standards
Structuring Competition to Foster Socially Beneficial Innovation
Defining and Measuring Innovation for Competition Enforcement
Mergers and Innovation
Sustainability Agreements in Light of Argentina’s Competition Law
Antitrust Chronicle® – Corporate Antitrust Compliance
Incentives in Your Antitrust Compliance Program
DOJ’s Compliance Focus on Business Use of Communication Platforms & Personal Devices: A Practical Guide
Antitrust & Regulatory Compliance in the 21st Century: New Challenges, New Opportunities and the Role of AI
Company Compliance with U.S. Antitrust law: Policy-Tracking in a Changing Landscape
From Governance to Stewardship: The Impact of Board Leadership on Antitrust Compliance and Sustainability Goals
Amgen/Horizon: Entrenchment is the New Conglomerate Effects Theory
TechREG Chronicle® – Regulating Generative Artificial Intelligence – Volume I
Some Economic Aspects of Artificial Intelligence Technologies and Their Expected Social Value
Foundational Models: Building Blocks for Generative AI Applications
You Are What You Eat: Nurturing Data Markets to Sustain Healthy Generative AI Innovation
Prescription or Principle: Regulatory Design Choices for Artificial Intelligence
Standard Deviation? Private Rule-Making Under the EU AI Act
Regulating Generative Artificial Intelligence Without Overfitting
Two Bridges Too Far: First Take on the Draft Merger Guidelines
Antitrust Chronicle® – State Attorneys General
CPI Talks… with California Attorney General Rob Bonta
A Force to Be Reckoned With: Developments in the Multistate Antitrust Task Force
Nibblers Beware: Antitrust on Site
Caretakers of Competition’s Fairness Keystone
Towards a Unified Theory of State Enforcement
Out With the Old and in With the Odd? How Should Antitrust Foster Innovation?
Recent Legislative Developments in State Antitrust Enforcement: Risks and Opportunities
Antitrust Chronicle® – Editorial Board Antipasto
Maintaining Competition in Telecoms in the Era of Gigabit Connectivity
Antitrust in the Age of AI
The EU Foreign Subsidies Regulation – A New Chapter for Foreign Subsidies Scrutiny in the EU
The State of Cloud Technology Markets: Challenges for Competition
Hitting the “Return” Key: Disgorgement in UK/EU Antitrust Laws
Margin of Error – A Note on Platform Competition
Self-Preferencing in China – New Antitrust Rules or Case-by-Case Enforcement?
The Case for M&A: Evidence of Efficiencies in Consummated Mergers
TechREG Chronicle® – Tech Banking
Silicon Valley Bank and the Changing Structure of Banking
Prudential Supervisors Should Embrace Better Technology to Help Prevent Bank Failures
Banking Regulations and Financial Stability
Silicon Valley Bank Inter Alia
Settlement and Commitments in India: Tools for Effective and Timely Enforcement?
Market Shares as An Important Factor in China’s Resale Price Maintenance Enforcement
Competition Law and Policy in Ukraine – Wartime Overview
Non-Competes: If You Can’t Use Them There, Can You Use Them Anywhere? What New York’s Potential Non-Compete Ban Adds to the Labor and Antitrust Conversation
Deepening Fault Lines: Diverging Antitrust Enforcement at the DOJ and FTC
TechREG Chronicle® – Telemedicine
The Effects of Telemedicine on Market Structure and Implications for Regulation
Patient Access and Quality Care: Post-pandemic Regulation of Telemedicine in the United States
Telemedicine in the United Kingdom: From a Patchwork of Services and Regulations to a Connected Health and E-health Revolution
Practicing Telehealth Post-public Health Emergency
No More Waiting Room: Regulating Telehealth in South Africa
Telemedicine Professional Medical Licensing and Payment Considerations
Highest EU Court Reinforces Merger Control in Telco Sector and Beyond
Antitrust Chronicle® – Coordinated Effects
The Oligopoly Problem, Trigger Strategies, and “Coordinated Effects”
Coordinated Effects and the Half-truth of the Lax Enforcement Narrative
Strategic Use of Public Price Indexes as a Collusive Device
Recent Advances in Economic Methodology for Coordinated Effects
Coordinated Effects of Mergers: The EC Perspective
The Prevalence of Coordinated Effects Theories in Uk and EC Merger Cases
Coordinated Effects in Times of Inflation
Antitrust Chronicle® – Judicial Review of Economic Evidence
Two-fold Deference at the Rule of Reason’s Third Step
Judicial Review of Economic Evidence in EU Competition Law: Ready for the Ride?
The Role of an Economist at the Competition Appeal Tribunal
Expert Economic Evidence in Australian Competition Law: “Economic Assessors – Time to Adopt Admiralty Practice?”
Elbert Gary & Bill Gates: A Study in Antitrust Contrasts
Daubert’s Mystery Surcharge: The Heavy Exclusion of Economic Expert Testimony in Antitrust Litigation
The Review of Economic Evidence in Competition Cases: Some Insights From South Africa
The Judicial Review of Economic Evidence: A South African Perspective
Navigating Choppy Waters Post-Patel: Lessons Learned from Insider Trading and Spoofing for Securing No-Poach Convictions
Do you believe the vertical merger guidelines need to be changed? – Daniel Rubinfeld