Africa’s Imitation Game in Competition Law
African competition authorities are importing the wrong model of competition enforcement—and doing so without the institutional capacity to make even the right model work. Across the continent, regulators are reaching for Europe’s most ambitious digital frameworks. The Common Market for Eastern and Southern Africa (COMESA) Competition and Consumer Commission (CCC) recently overhauled its regime to ... Africa’s Imitation Game in Competition Law
Acquihires and Antitrust: When Buying the Team Isn’t Buying the Company
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 the agency plans to scrutinize how acquihires are structured—looking for features that could bring them within merger law and trigger Hart-Scott-Rodino Act (HSR) reporting thresholds. ... Acquihires and Antitrust: When Buying the Team Isn’t Buying the Company
COMESA, WhatsApp Business, and Antitrust in Search of a Theory
Meta’s decision to limit third-party AI access to WhatsApp Business has quickly drawn antitrust scrutiny across multiple jurisdictions. The Common Market for Eastern and Southern Africa (COMESA) Competition and Consumer Commission (CCCC) is the latest authority to open an investigation. But before the case can answer whether Meta’s conduct harms competition, a more basic question ... COMESA, WhatsApp Business, and Antitrust in Search of a Theory
From Cure to Care: The DMA’s Chronic Regulation Problem
The neo-Brandeisian movement—emphasizing market structure and fairness over consumer welfare—has struggled to gain traction in several jurisdictions. In Europe, by contrast, lawmakers have codified its core premises. The Digital Markets Act (DMA) operationalizes this approach by prioritizing ex ante structural interventions intended to reshape rivalry in digital markets. The regime’s most significant feature lies not ... From Cure to Care: The DMA’s Chronic Regulation Problem
When Antitrust Prices a Platform Out of the Market: Nigeria’s Meta Fine
The global tech sector faces an unprecedented regulatory onslaught. In the United States, courts have labeled Google an illegal monopolist in search and open web advertising. In Europe, Apple, Meta, and Google confront fines and investigations for alleged antitrust violations. Elsewhere, regulators in Brazil, South Africa, and Australia are rolling out digital competition regimes—often with ... When Antitrust Prices a Platform Out of the Market: Nigeria’s Meta Fine
Big Isn’t Necessarily Bad
A recurring claim among a certain breed of would-be antitrust reformers—most recently given voice by Sen. Josh Hawley (R-Mo.) during a June hearing of the Senate Judiciary Committee’s antitrust subcommittee—is that “big is bad.” The claim suffers first and foremost from conceptual ambiguity. Big in what sense? Market share? Revenue? Headcount? Asset size? Geographic scope? ... Big Isn’t Necessarily Bad
A Closer Look at Spotify’s Claims About Apple’s App-Store Practices
Following Monday’s announcement by the European Commission that it was handing down a €1.8 billion fine against Apple, Spotify—the Swedish music-streaming service that a decade ago lodged the initial private complaint that spawned the Commission’s investigation—published a short explainer on its website titled “Fast Five Facts: Facts that Show Apple Doesn’t Play Fair.” The gist ... A Closer Look at Spotify’s Claims About Apple’s App-Store Practices
