The Digital Markets Act (DMA) was supposed to target gatekeepers. Instead, it is chasing a market that has no gate. Last November, the European Commission opened three market investigations into …
Economy
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Big mergers make headlines. They don’t always make antitrust problems. In a previous commentary, I explored the antitrust implications of a potential acquisition of Warner Bros. Discovery (WBD). That uncertainty …
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Not all trade barriers are created equal. The ones that matter most do not sit at the border. They sit inside markets, shaping who can compete—and who cannot—before competition even …
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California is about to run a live-fire experiment in antitrust—and the working hypothesis appears to be that decades of case law and economic learning were optional. In January, I published …
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The Federal Trade Commission (FTC) has trained its sights on one of Silicon Valley’s most familiar deal structures: the “acquihire.” In a Bloomberg podcast interview, FTC Chair Andrew Ferguson said …
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The U.S. Supreme Court agreed to hear Hikma v. Amarin to answer a narrow question. It may end up saying far more about how policymakers misunderstand pharmaceutical markets. On its …
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The App Store Accountability Act (ASAA) promises to protect children online—but it would do so by imposing sweeping mandates on everyone else. Panic over doomscrolling, brainrot, gambling, pornography, online predators, …
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Dario Amodei, CEO of Anthropic, recently declared that “50% of all entry-level lawyers, consultants, and finance professionals will be completely wiped out within the next 1–5 years.” That’s a remarkable …
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The Federal Trade Commission (FTC) and the U.S. Justice Department (DOJ) have opened a joint public inquiry into whether to update antitrust guidance for collaborations among competitors. That’s good news. …
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Geopolitical shocks rarely just move markets. They move policy—and not always in good ways. Fuel prices are climbing sharply across Europe following military escalation in the Middle East and disrupted …