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 per se illegal standard to a tying claim brought under both Sections 1 and 2 of the Sherman Act (despite the fact that tying by a firm with market power is still technically per...

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Implementing the European AI Act: Balancing Horizontal Consistency with Sector-Specific Requirements

The European Union’s AI Act applies across a broad range of domains and use cases, aiming to promote horizontal consistency...

The New AI Regulation in Korea: Problems of Jurisdictional Overlaps

This article explores Japan’s emerging approach to regulating generative AI, balancing innovation and risk. The government emphasizes soft, sector-specific regulation...

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...

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...

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...

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...

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...

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...

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...

EU Competition Law

By Makis Komninos

TECH MONOPOLY

BY HERBERT HOVENKAMP

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Crane's Cartel

By Daniel Crane

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By Catalina Goanta

Antitrust Antidote

By Koren W. Wong-Ervin

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