This paper assesses the European Commission’s draft Merger Guidelines against the treatment of efficiencies, the failing firm defence, and the counterfactual in the 2004 Horizontal Merger Guidelines and the 2008 Non-Horizontal Merger Guidelines. My central claim is that the draft guidelines represent a welcome but incomplete correction. They rightly recognise that merger control can no longer be organised solely around static price effects, structural presumptions, and a narrow conception of consumer harm. They expand the role of efficiencies, introduce the...

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Innovation on Rugged Technological Landscapes: Implications for Competition Policy

Digital and technology markets are often analyzed as if innovation moves along a smooth path. We describe an alternative view:...

Latin Antitrust Chronicles: September 2025-March 2026

This edition of the Latin Antitrust Chronicles provides an overview of the main developments that took place in late 2025...

Reading suggestions – April 2026

Here are Thibault Schrepel’s monthly reading suggestions. Topics include AI agents and complexity economics in antitrust, the limits of the...

Antitrust Antidote: January-March 2026

There were a number of decisions from January through March 2026, including: (1) the Ninth Circuit’s decision in AliveCor v....

Introducing Dynamic Competition in the Middle East

Saudi Arabia's Vision 2030 is the most ambitious economic transformation program in the world today, yet it is widely misunderstood...

Competition Stories: July 2025 – December 2025

This issue presents recent developments in EU competition law enforcement in digital markets. It examines the growing phenomenon of parallel...

Reading suggestions – March 2026

Here are Thibault Schrepel's monthly reading suggestions. Topics include AI's reshaping of research and publishing, end-to-end automation of scientific inquiry,...

Fairness and Redistribution in Antitrust Law

Many parts of the legal system pursue “fair” distributions of wealth or economic status. Antitrust law does not. The antitrust...

The Matthew Effect at Scale: Attention Scarcity and the AI Output Explosion

Generative AI is lowering the marginal cost of academic writing. A natural prediction is that this will allow more researchers...

Reading suggestions – February 2026

Here are Thibault Schrepel’s monthly reading suggestions. Topics include the constitutional limits of the Digital Markets Act, antitrust’s fixation on...

Reading suggestions – January 2026

Here are Thibault Schrepel’s monthly reading suggestions. Topics include market power and competition regimes, the limits of AI scaling, the...

The world’s most downloaded antitrust articles of 2025

As for previous years, here are the world’s most downloaded antitrust and competition law articles posted on SSRN during 2025.

US Antitrust Cases

By Koren W. Wong-Ervin

EU Competition Cases

By Alice Setari and Mario Siragusa

Latin American Cases

By Marcela Mattiuzzo

TECH MONOPOLY

BY HERBERT HOVENKAMP

Crane's Cartel

By Daniel Crane

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