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Antitrust Chronicle®

Antitrust Chronicle® – Unilateral Effects
 |  Apr 28, 2026

Dear Readers,   This Chronicle examines an area of merger analysis that continues to evolve rapidly: the assessment of unilateral effects and the economic frameworks used to evaluate them. As...

A Net Present Value Approach to Merger Analysis
 |  Apr 28, 2026

The rise of unilateral effects analysis, as quantified by merger simulation, creates the potential to balance anticompetitive effects and efficiencies and improve the merger review process.  Unfortunately, sophisticated economic models...

Generative AI and Competitive Disruption: Increasingly Relevant for Merger Analysis?
 |  Apr 28, 2026

Many companies saw their share prices decline recently as gen AI tools fundamentally transform their industry. In this article, we examine how such dynamics should be factored into merger assessments....

Non-Price Unilateral Effects In Media Mergers
 |  Apr 28, 2026

Traditional merger assessment has focused on unilateral effects (or non-coordinated effects) stemming from price increases. While non-price unilateral effects resulting in lower quality have always been theoretically recognized, albeit not...

Ecosystem Mergers and Unilateral Effects? A Framework for Assessing the Ecosystem Theory of Harm
 |  Apr 28, 2026

This paper provides a framework and practical guidance for assessing ecosystem theories of harm in merger control. Several recent merger investigations relating to digital ecosystems have raised novel, and fundamentally...

Unilateral Price Effects in Horizontal Mergers with Capacity Constraints
 |  Apr 28, 2026

This article reviews how capacity constraints affect unilateral price effects in horizontal mergers. When capacity constraints fall on merging firms, they mitigate price effects, whereas constraints on non-merging firms enhance...

Antitrust Chronicle® – Energy & Data Centers
 |  Apr 27, 2026

Dear Readers,   This Chronicle examines the increasingly tight interconnection between AI infrastructure, energy systems, and competition law. As data centers scale at unprecedented speed, the competitive questions they raise...

AI Data Centers: Competition Law and the Energy Challenge
 |  Apr 27, 2026

This article explores the competition law implications of AI-driven growth in data centers, emphasizing the sector’s rapidly expanding energy footprint and its broader environmental and infrastructural consequences. The authors identify...

Teaming Up Without Tripping Up: Antitrust Guardrails For Energy Infrastructure Collaborations
 |  Apr 27, 2026

In recent years, the combination of increased demand for energy resources together with supply-side shocks from a volatile federal energy and trade policy landscape has resulted in critical equipment price...

Mergers Among Electricity Generators: Recent Enforcement and Emerging Trends
 |  Apr 27, 2026

Rising U.S. energy prices have brought renewed focus to mergers between electricity generators. After briefly describing the structure of U.S. electricity markets we describe and evaluate the electricity merger review...

Energy and Data Centers: Key Competition Considerations
 |  Apr 27, 2026

Power supply is the lifeblood of any data center. Securing a viable grid connection is both essential and increasingly challenging, particularly in a number of jurisdictions (such as the UK...

Power Play: DOJ’s Antitrust Division Puts Electricity Markets, and Digital Infrastructure Under the Microscope
 |  Apr 27, 2026

For nearly fifteen years, DOJ deferred to FERC and state regulators on electricity merger review. That posture ended on December 5, 2025, when the Antitrust Division—joined by the Attorney General...

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