This article examines why traditional antitrust approaches fail to address digital market power effectively. Analyzing U.S. enforcement data from 1995-2023, it reveals that static competition models focused on price effects are misaligned with digital ecosystems’ rapid innovation and complex multi-sided platforms. Despite major tech firms completing nearly 900 acquisitions, merger challenges were four times lower than in other sectors. Recent enforcement failures underscore the need for dynamic competition frameworks that account for innovation cycles, network effects, and cross-market competition in...

ANTITRUST

DIGITAL LAW

COMPLEXITY SCIENCE

LATEST PUBLICATIONS

Did Enforcers Make the Right Call When Clearing Google/Doubleclick?

Google's activities in the Ad Tech Industry have come under intense fire as the company stands accused, in several jurisdictions,...

The Growing Complexity of Digital Economies over the GenAI Waterfall: Challenges and Policy Implications

The GenAI genie is out of the bottle. AI, and its vanguard GenAI, is a change agent that profoundly impacts...

Dynamic Capabilities Analysis and Merger Control: Is A Long-Delayed Convergence Finally on The Way?

Merger control has been traditionally focused on the impact of the structural changes induced by the mergers examinedon the incentives...

Thomas A. Lambert: “Neo-Brandeisianism: A Policy at War With Itself”

“Neo-Brandeisian” scholars contend that prevailing antitrust law fails to protect democratic values. They propose (1) to replace antitrust’s consumer welfare...

Reading suggestions – April 2025

Here are Thibault Schrepel’s monthly reading suggestions. Topics include: concentration in AI agents, computational antitrust, Lina Khan 2.0, AI liability,...

Fueling Concentration: AI Agents and Network Effects

AI agents lie at the frontier of the evolving AI economy, functioning as applications that autonomously execute tasks on users'...

Antitrust Antidote: January-March 2025

There were a number of decisions from January through March 2025 including: (1) a motion to dismiss decision in the...

Reading suggestions – March 2025

Here are Thibault Schrepel’s monthly reading suggestions. Topics include: computational antitrust, efficiencies in the DMA, open-source AI, access to innovative...

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...

EU Competition Law

By Makis Komninos

TECH MONOPOLY

BY HERBERT HOVENKAMP

SPECIAL GUESTS

Academics Only

Crane's Cartel

By Daniel Crane

DigiConsumers

By Catalina Goanta

Antitrust Antidote

By Koren W. Wong-Ervin

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