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Antitrust Chronicle®

Antitrust Chronicle® – Behavioral Economics
 |  Feb 22, 2026

Dear Readers, This edition of the CPI Antitrust Chronicle focuses on behavioral economics and its growing influence on competition law, enforcement practice, and institutional design. Behavioral insights have moved from...

Behavioral Antitrust in 2026
 |  Feb 22, 2026

This article takes stock of the evolution of behavioral antitrust over the past two decades. It explains how behavioral insights have shifted enforcement against dominant firms, particularly in areas such...

Behavioral Economics in Competition Policy: Going Beyond Inertia and Framing Effects
 |  Feb 22, 2026

Most applications of behavioral economics in competition policy focus on consumer inertia and framing effects. We believe that behavioral economics may have even more to offer than the competition community...

Agreeing to Disagree in Antitrust
 |  Feb 22, 2026

The contemporary divide between antitrust interventionists and non-interventionists is not fundamentally a technical dispute about economics or administrability. Rather it is a moralized and identity-laden conflict in which economic arguments...

Recognizing What’s Around the Corner: Merger Control, Capabilities, and the New Nature of Potential Competition
 |  Feb 22, 2026

This paper argues for a capabilities-based, forward-looking approach to merger control that reflects the realities of dynamic competition. In fast-evolving sectors, the most significant competitive threats often come not from...

United States v. Google: The Behavioral Economics Victory That Wasn’t
 |  Feb 22, 2026

United States v. Google is often described as a behavioral economics victory in antitrust. This Note argues that the label did more work than the method. The liability theory relied...

Words Are Not Free: When Public Concerns May Backfire
 |  Feb 22, 2026

When governments publicly express concern about rising prices, do they deter opportunistic behavior or facilitate coordination? Laboratory experiments with real financial stakes suggest that such statements can lead to higher...

Epistemological Challenges for Self-Preferencing
 |  Feb 22, 2026

This article focuses on the epistemological foundations of behavioral reasoning in self-preferencing cases. Drawing from philosophy of knowledge and statistical inference, the article shows why behavioral claims about consumer choice...

Antitrust Chronicle® – The Gig Economy
 |  Feb 19, 2026

Dear Readers,   This edition of the CPI Antitrust Chronicle explores how antitrust law is being retooled to confront the governance, labor, & contractual challenges posed by the platform-driven gig...

Market Power and Governance Power: New Tools for Antitrust Enforcement in the Decentralized Gig Economy
 |  Feb 19, 2026

This Article advances a new framework for digital-age antitrust enforcement by integrating measures of market concentration (such as the Herfindahl-Hirschman Index) with novel metrics of governance concentration (the Nakamoto coefficient...

10 Years of Labor Antitrust Guidance: Lessons for Workers and the Gig Economy
 |  Feb 19, 2026

This Article surveys the last decade of U.S. labor antitrust enforcement and distills the practical lessons it offers for employers and workers in the gig economy. Since the early tech-sector...

Antitrust & Gig Workers: Labor Exemption As Protection
 |  Feb 19, 2026

This article views the labor exemption to the antitrust laws as protection for gig workers by empowering them to collectively bargain to improve their welfare without triggering antitrust liability. The...

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