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 refused to apply the more defense-friendly refusal-to-deal standard, instead applying tying law; (3) a district court decision on the applicability of the Supreme Court’s landmark...

ANTITRUST

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Brazilian Merger Policy in Digital Markets: What Can We Expect in 2025?

This article analyzes Brazil's approach to digital market mergers, examining 2024 Ministry of Finance proposals to reform competition policy. Despite...

Ecosystems in Competition Law: A U.S. Perspective

Christopher S. Yoo argues that ecosystem-based theories have had limited impact on U.S. antitrust law due to conceptual vagueness and...

A New Paradigm for Antitrust in the Digital Sector

This article examines why traditional antitrust approaches fail to address digital market power effectively. Analyzing U.S. enforcement data from 1995-2023,...

Dynamic Capabilities and EC Merger Control: A Difficult Match?

This paper examines the proposed use of “dynamic capabilities” analysis in European merger control as authorities increasingly focus on innovation...

Merger Enforcement in the High-Tech Economy: The Role for a Dynamic Capabilities Framework

This article examines whether merger enforcement in high-technology industries has systematically failed to account for innovation effects and assesses the...

Lessons From Empirical Work on Market Dynamics

Ariel Pakes surveys advances in dynamic market analysis since the mid-1990s, highlighting how empirical tools have evolved beyond static frameworks....

Reading suggestions – May 2025

Here are Thibault Schrepel’s monthly reading suggestions. Topics include: the populist challenge to consumer welfare standards in antitrust, AI startup...

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...

EU Competition Law

By Makis Komninos

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Crane's Cartel

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