Network Law Review - Network Law Review

The Future-Proof Fantasy of AI Regulation

1 October 2025Thibault Schrepel

The EU’s quest for “future-proof” AI regulation is a fantasy. AI evolves through emergent properties that defy prediction, yet Brussels continues to draft rules with an industrial, linear mindset. The result is a regulatory immune system that can detect but not respond. The path forward is adaptive regulation: modular rules, real-time sensing, plural triggers, and institutional memory.

Reading suggestions – September 2025

30 September 2025Thibault Schrepel

Principal-Agent Dynamics and Digital (Platform) Economics in the Age of Agentic AI

29 September 2025Volker Stocker & William Lehr

Personalized Competition Law: The New Frontier of AI Market Governance

26 September 2025Adrian Kuenzler

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

24 September 2025Daniel Schnurr

ANTITRUST

DIGITAL LAW

COMPLEXITY SCIENCE

LATEST PUBLICATIONS

22 September 2025

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...

19 September 2025

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...

17 September 2025

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...

15 September 2025

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...

12 September 2025

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...

10 September 2025

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...

8 September 2025

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...

5 September 2025

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...

3 September 2025

Artificial Intelligence and Data Policies: Regulatory Overlaps and Economic Tradeoffs

The Network Law Review is pleased to present a special issue entitled “The Law & Technology & Economics of AI.”...

Subscribe to the Scaling Theory podcast
Click here

SERIES

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

GUEST PROFESSORS

9 March 2021
Michal Gal (guest article): “Do our Privacy Laws Strengthen the Already Strong?”
Dear readers, In 2020, I started publishing monthly guest articles written by some of the world’s most renowned antitrust scholars. The series continues in 2021....
17 December 2020
Joshua D. Wright & Alexander Krzepicki (guest article): “Rethinking Foreclosure Analysis in Antitrust Law: From Standard Stations to Google”
Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by the world’s most renowned antitrust scholars every month...
6 July 2020
Frédéric Jenny (guest article): “Market adjustments, Competition Law and the Covid-19 Pandemic”
Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by several of the world’s most renowned antitrust scholars...
3 November 2022
Daniel F. Spulber: “How Do Vertical Mergers Affect Innovation? Learning from Illumina”
"How Do Vertical Mergers Affect Innovation? Learning from Illumina", this month's guest contribution by Daniel F. Spulber, Professor of International...
11 May 2020
Richard Whish (guest article): "Do Competition Lawyers Harm Welfare?"
Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by several of the world’s most renowned antitrust scholars...
4 April 2024
Herbert Hovenkamp: “Antitrust Market Definition: the Hypothetical Monopolist and Brown Shoe”
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Herbert Hovenkamp, James B. Dinan...
5 June 2023
The Limits of Antitrust Remedies: Brunswick v. Pueblo Bowl-O-Mat for the FTC
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by James C. Cooper, Professor...
14 December 2023
Jason Potts: “Future Markets and the Social Discount Rate: A New Approach to Dynamic Competition Policy”
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Jason Potts, Distinguished Professor...
2 May 2022
Thomas B. Nachbar: “An America Fit for the Digital Age?”
Dear readers, I am delighted to announce that this month’s guest article is authored by Thomas B. Nachbar, Professor of Law at the...
17 January 2020
Herbert Hovenkamp (guest article): On The Meaning of Antitrust’s Consumer Welfare Principle
Dear readers, I am incredibly happy and honored to introduce a new series in which, every month of the year 2020, I...
31 July 2021
Alexandre de Streel (guest article): “Why Legislators Want to Move Fast and Break Things in the Cyberspace?”
Dear readers, I am delighted to announce that this month’s guest article is authored by Alexandre de Streel, Professor of digital law at...
8 February 2021
A. Douglas Melamed (guest article): “Acquisitions of Nascent Competitors under Section 2 of the Sherman Act”
Dear readers, In 2020, I started publishing monthly guest articles written by some of the world’s most renowned antitrust scholars. The series continues in 2021....
17 February 2020
Daniel Crane (guest article): Democracy and Monopoly in Governments, Markets, and Firms
Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles authored by some of the world’s most renowned antitrust...
26 August 2022
Jonathan B. Baker: “A Competitive Process Goal Won’t Strengthen Antitrust”
Dear readers, I am delighted to present you with this month’s guest article by Jonathan B. Baker, Research Professor of Law...
30 September 2020
Nicolas Petit (guest article): “Digital Markets and the Incipiency Attitude in EU Antitrust Law”
Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by the world’s most renowned antitrust scholars every month...
16 June 2020
Scott Hemphill (guest article): “Uncertain Harms: The Case of Nascent Competitors”
Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by several of the world’s most renowned antitrust scholars...
21 July 2022
Jonathan M. Barnett and David J. Teece: “Is the West Giving Away the Game?”
Dear readers, I am delighted to present you with this month’s guest article by Jonathan M. Barnett, Torrey H. Webb Professor...
2 November 2021
Diane Coyle: “Practical approaches to data in competition policy”
Dear readers, I am delighted to announce that this month’s guest article is authored by Diane Coyle, Bennett Professor of Public Policy at...
6 June 2022
Renato Nazzini: “Mergers in the Digital Economy”
Dear readers, I am delighted to present you with this month’s guest article by Renato Nazzini, Professor of Law at King’s...
16 September 2021
Richard N. Langlois: “It’s Not Easy Being a Schumpeterian”
Dear readers, I am delighted to announce that this month’s guest article is authored by Richard N. Langlois, Professor of Economics at the...
17 May 2021
George L. Priest (guest article): “What to do about the Big Tech Monopolies?”
Dear readers, I am delighted to announce that this month’s guest article is authored by George L. Priest, Edward J. Phelps Professor of Law...
22 July 2025
How Employee Networks Drive Innovation, and How Remote Work Alters Both
Our research examines how employee collaboration networks within companies affect the quality of innovation, using data from over 28,000 employees...
30 August 2023
Luc Soete and Sven Van Kerckhoven: “Deglobalisation and competition policy: the challenge to European economic integration”
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Luc Soete, Dean of...
4 May 2023
Joseph Farrell: “Looking at More Evidence in Antitrust”
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Joseph Farrell, Professor of...
15 August 2022
Ariel Ezrachi and Maurice E. Stucke: “The Darker Sides of Digital Platform Innovation”
Dear readers, I am delighted to present you with this month’s guest article by Ariel Ezrachi, Slaughter and May Professor of...
6 September 2023
Anu Bradford: “What is at Stake if Antitrust Regulation Fails?”
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Anu Bradford, Henry L. Moses Professor...
8 February 2022
Richard Epstein: “The Unwise Extension of Antitrust Law to Labor Markets”
Dear readers, I am delighted to announce that this month’s guest article is authored by Richard Epstein, Laurence A. Tisch Professor of Law at...
15 December 2022
Alan J. Meese: “The Constitutional Moment That Wasn’t: 1912-1914 and the Meaning of the Sherman Act”
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Alan J. Meese, Ball Professor...
27 January 2022
Richard J. Gilbert: “The American Innovation and Choice Online Act”
Dear readers, I am delighted to announce that thisbe month’s guest article is authored by Richard J. Gilbert, Distinguished Professor Emeritus of Economics at the...
9 March 2020
William Kovacic (guest article): "Roads Not Taken: The Federal Trade Commission and Google"
Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by several of the world’s most renowned antitrust...
20 August 2020
Michael Carrier (guest article): “Why Do Courts Err in Pharmaceutical Antitrust Cases?”
Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by the world’s most renowned antitrust scholars every month...
2 April 2021
Douglas H. Ginsburg & Jacob Philipoom (guest article): “A Certain Harm Overlooked: The Case of Nascent Competitors Revisited”
Dear readers, In 2020, I started publishing monthly guest articles written by some of the world’s most renowned antitrust scholars. The series continues in 2021....
27 October 2022
Thomas W. Hazlett: The FTC’s Rendition of the “Cellophane Fallacy”
In the pending case of FTC v. Facebook, the Government alleges price increases for the “free” service. In this zero-price...
21 November 2022
Ioannis Lianos: “Mind The (Institutional) Gap: Digital Economy, Competition Law and The Toolkit Approach”
Far from its depiction as a well-defined and linear techno-social phenomenon that developed incrementally over the last three decades following...
15 February 2023
Carl Shapiro: “Regulating Big Tech: Factual Foundations and Policy Goals”
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Carl Shapiro, Professor at...
18 October 2021
Peter G. Klein: “Who Owns My Data?“
Dear readers, I am delighted to announce that this month’s guest article is authored by Peter G. Klein, Professor of Entrepreneurship at Baylor...
23 January 2021
Pablo Ibáñez Colomo (guest article): “Be Careful What You Wish For”
Dear readers, In 2020, I started publishing monthly guest articles written by some of the world’s most renowned antitrust scholars. The series continues in 2021....
21 October 2024
Axel Gautier: “Big Tech Acquisitions And The Ghost Products”
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Axel Gautier, Professor at...
25 March 2022
Okeoghene Odudu: “Do competition agencies harm welfare?”
Dear readers, I am delighted to announce that this month’s guest article is authored by Okeoghene Odudu, Associate Professor, Faculty of Law; Fellow...
6 April 2020
Eleanor Fox (guest article): "POWER: Trust and Distrust"
Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by several of the world’s most renowned antitrust scholars...
20 October 2020
Mark A. Lemley & Andrew McCreary (guest article): How Venture Capital’s “Exit Strategy” Drives Tech Industry Concentration
Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by the world’s most renowned antitrust scholars every month...
15 November 2022
William H. Page & John E. Lopatka: “Parker v. Brown, Legislative Immunity, and Anticompetitive State Regulation”
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by William H. Page, Marshall M....
15 June 2022
Lawrence J. White: “A Riff and a Half on the Delineation of Relevant Markets in Antitrust Cases”
Dear readers, I am delighted to present you with this month’s guest article by Lawrence J. White, Robert Kavesh Professor of...
15 March 2023
Drew Fudenberg and David K. Levine: “Adjusting to Change in Complex Systems”
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Drew Fudenberg, Professor of Economics...
2 November 2023
Vincent Martenet: “Separation of Powers and Antitrust”
The separation of powers principle and antitrust both relate to power and, notably, deal with the concentration of power. However,...
24 September 2024
Richard N. Langlois: “Memes and Myths of Antitrust”
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Richard N. Langlois, Professor...
15 September 2022
Dennis W. Carlton: “How to make sensible merger policies?”
Dear readers, I am delighted to present you with this month’s guest article by Dennis W. Carlton, Professor of Economics Emeritus...
16 November 2020
Alison Jones (guest article): “Spotlight On Cartels: Bid Rigging Affecting Public Procurement”
Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by the world’s most renowned antitrust scholars every month...
18 June 2025
Towards Efficient Data Sharing in Platform Markets
Platforms collect valuable data that they do not share. Welfare then suffers as information asymmetry produces market failures. Current proposals...
25 March 2024
Daron Acemoglu and Simon Johnson: “The Urgent Need to Tax Digital Advertising”
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Daron Acemoglu, Institute Professor...