Brussels Rules Without the Brussels Perks
Brussels’ latest competition guidelines should probably come with a warning label. Countries borrowing them risk importing dubious economics, remedies designed for Europe’s very specific institutional problems, and a trade fight with Washington. On Sept. 3, after a three-year process, the European Commission adopted its first guidelines on exclusionary abuses under Article 102 of the Treaty ... Brussels Rules Without the Brussels Perks
Rate Expectations: Apple and the New Price Regulators
Competition policy is supposed to protect the competitive process, not do double-duty as price regulation. Yet the line between the two appears to be blurring in both a U.S. antitrust case and the European Union’s enforcement of the Digital Markets Act (DMA). On Aug. 14, after years of litigation with Epic Games, Apple submitted a ... Rate Expectations: Apple and the New Price Regulators
Open Weights, Closed Ranks: The AI Manifesto War
The AI industry has entered its manifesto era. Executives, researchers, and employees are issuing rival plans to keep advanced models safe. The fine print contains a less advertised question: Would those plans protect the public—or protect today’s leaders from the open models gaining on them? That competition question starts with open-source AI models. These models ... Open Weights, Closed Ranks: The AI Manifesto War
The Missing Rival: China and the Limits of AI Antitrust
The standard AI competition story has plenty of supposed villains. It just keeps leaving out one of the biggest. Regulators and academics warn that a small group of firms—including Amazon, Anthropic, Google, and OpenAI, with Microsoft and Meta sometimes added—will dominate generative artificial intelligence. Their advantages in computing power, capital, data, and distribution will harden ... The Missing Rival: China and the Limits of AI Antitrust
Killer Theories and Acqui-Hire Alibis
Antitrust agencies have a habit of giving new labels to old anxieties. In artificial intelligence, the latest worry is that partnerships between large technology firms and startups are not partnerships at all, but mergers in clever disguises. In the first article in this series, we examined how Brazil’s Administrative Council for Economic Defense (CADE) has ... Killer Theories and Acqui-Hire Alibis
Brazil Catches the Acqui-Hire Wave
The global antitrust wave over Big Tech’s artificial intelligence deals has reached Brazil. The question is whether Brazil’s competition authority is paddling into a real breaker—or mistaking regulatory chop for a swell. Last month, Brazil’s antitrust authority, the Administrative Council for Economic Defense (CADE), entered that debate. It issued part of its long-awaited decisions on ... Brazil Catches the Acqui-Hire Wave
Brazil’s Google News Case and the Art of Not Letting Go
Some legal cases age like wine. Others age like browser tabs left open too long. Brazil’s Google News inquiry belongs firmly in the latter category. On April 3, Brazil’s Administrative Council for Economic Defense (CADE) announced that its Tribunal had unanimously decided to send a seven-year-old administrative inquiry concerning Google’s use of journalistic content—whether for ... Brazil’s Google News Case and the Art of Not Letting Go
Don’t Freeze the AI Race at the Starting Line
Regulators keep warning that AI markets are about to be captured by Big Tech. The awkward fact is that AI markets keep refusing to cooperate. Several years into the generative-AI boom, the sector still looks less like a coronation than a street fight: OpenAI, Google, Meta, Amazon, Anthropic, Perplexity, Mistral, xAI, and others are battling ... Don’t Freeze the AI Race at the Starting Line
AI’s Scientific Ethos and the Moat That Wouldn’t Hold
Google may have built the foundation of the modern AI economy—and then published the instructions. In 2017, eight researchers across Google’s Brain and Research divisions released a paper titled “Attention Is All You Need.” What followed is now familiar: a technological inflection point, rapid diffusion, and an explosion of competitors building on the same core ... AI’s Scientific Ethos and the Moat That Wouldn’t Hold
Crisis Opportunism: Germany’s Turn to Antitrust Without Limits
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 shipping through the Strait of Hormuz. The political demand for “something to be done” can be nearly irresistible. In Germany, several major political groups have ... Crisis Opportunism: Germany’s Turn to Antitrust Without Limits
The Great AI Monopoly That Wasn’t
Predictions of AI-driven monopoly have outpaced the evidence. Several years into the generative AI boom, regulators have investigated, firms have invested, and markets have shifted—yet durable market power and demonstrable competitive harm remain elusive. More than a year ago, Dirk Auer and I challenged the “hyperbolic and dystopian” narrative dominating discussions about competition in artificial-intelligence ... The Great AI Monopoly That Wasn’t
Apple in Brazil: Ex Post Antitrust Meets Ex Ante Ambitions
Brazil’s competition authority (CADE) and Apple signed a Dec. 29 settlement agreement (Termo de Compromisso de Cessação, or TCC) resolving a high-stakes antitrust investigation Mercado Livre initiated in 2022 in Brazil and Mexico. Mercado Livre is Latin America’s leading e-commerce and marketplace platform. The agreement marks a watershed moment for Brazil’s digital economy. CADE will ... Apple in Brazil: Ex Post Antitrust Meets Ex Ante Ambitions
