The European Union’s Digital Markets Act was built to move fast: designate gatekeepers, impose obligations, and reshape digital markets before the lawyers can finish sharpening their pencils. But in Meta Platforms Ireland v. Commission, the General Court offered a useful
Truth on the Market
Truth on the Market is a publication that focuses on the intersection of law and economics, particularly in areas such as competition law, regulatory policy, and institutional analysis. It often features in-depth discussions on legal frameworks governing markets, including topics like EU competition law, broadcasting regulations, sports governance, and the economic implications of legal rules. The content typically explores how legal institutions and economic principles interact to shape market behavior, enforcement challenges, and policy reforms. The publication serves as a platform for scholarly and policy-oriented analysis relevant to legal practitioners, economists, and policymakers interested in the economic dimensions of law.
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Artificial Intelligence, Natural Ignorance
Everyone in Washington seems to agree that artificial intelligence must be governed. The only real dispute is who gets the steering wheel. Congress? Federal agencies? State legislatures? Some newly minted task force with a long acronym and a taste for…
The FTC’s Sunk-Cost Social Network
The first rule of holes is supposed to be: stop digging. The sunk-cost fallacy is realized when we keep digging anyway—and then call it resolve.
We—people—often have a hard time letting a bad thing go. That’s true even for those…
Antitrust Standing Room Only
Antitrust law does not hand out damages just because someone got hurt in the general vicinity of an antitrust violation. A plaintiff must show more than bad conduct, more than lost money, and more than a plausible violation of the…
The EU’s Facebook Marketplace Decision: The Gatekeeper That Wasn’t
Sometimes the most important thing about a gatekeeper case is that there was no gatekeeper after all. That is the quiet lesson of the European Union General Court’s judgment in Meta Platforms v. Commission, which annulled in part the…
You Can’t Export-Control the Future: The Case for Defensive AI
Washington keeps looking for the AI equivalent of a locked vault: control the chips, control the models, control the danger. But artificial intelligence is starting to look less like uranium and more like malware—hard to contain, easy to adapt, and…
Brazil, Bots, and the Price of Free
Brazil’s WhatsApp case began as a fight over access to an application programming interface, or API—the technical doorway that lets outside services connect to WhatsApp. It has quickly become a test of how antitrust law should treat AI distribution.
The…
SpaceX and the New Geography of Corporate Governance
SpaceX may soon ask public investors to buy a piece of the future. The fine print may ask them to buy something else, too: a theory of corporate governance.
The company’s reported initial public offering (IPO) has already drawn significant…
How China Accidentally Made Consumer Welfare Cool Again
The consumer welfare standard was supposed to be on the defensive. After nearly a decade of attacks from the neo-Brandeisian movement, critics had cast it as too narrow, too technocratic, and too forgiving of “Big Tech.” Yet the standard’s most…
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…