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Antitrust Chronicle® – Moats & Entrenchment

November 2024, Volume 1

Dear Readers, The notion of a competitive “moat” (perhaps most famously popularized by investor Warren Buffett), can be understood as a protective barrier that gives a company a durable competitive advantage in its industry. The concept of a “moat” is therefore highly relevant to antitrust analysis, because it can help...

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June

“Buy Now, Pay Later” (“BNPL”) has moved from fintech curiosity to embedded infrastructure in modern consumer markets, quietly reshaping how credit is extended, priced, and experienced. What began as a frictionless alternative to traditional lending now sits at the intersection of payments, consumer protection, and competition policy.




May

As health systems evolve beyond purely clinical data toward richer, more contextualized information environments, the integration of SDoH into AI systems raises a central tension: the same data that can improve equity and care delivery can also encode and obscure discrimination. The contributions in this issue begin to map that terrain.




April

This Chronicle explores the rapidly evolving intersection of foreign direct investment and technology, a space where traditional assumptions about openness, control, and market integration are being fundamentally reworked.


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