Saturday, December 06, 2025

The Protocol-Institution Continuity, and other "Chicche"


From R. Berjon's Guest Lecture, Trento University, 5th Dec. 

Thursday, December 04, 2025

"Computers were not intended to make judgement decisions"

 


BBC, 1970 [same year as the Hesse legislation] here

We were on a very promising path, what happened since?  

 

Europe’s clean, just and competitive transition: a conversation with Teresa Ribera

 Bruegel, here

Search engines in times of Artificial Intelligence

 EPRS, here

The DMA at the Committee on Economic and Monetary Affairs Ordinary meeting

 Video here.

Commission opens antitrust investigation into Meta's new policy regarding AI providers' access to WhatsApp

 EC, here.

Meta to face competition probe over AI use in WhatsApp, Ribera confirms

 Euractiv, here.

How are they going to coordinate with the Italian proceeding? Looking forward to interim measures!

Of course, also the DMA should already be updated - at least by delegated act (pity they didn't open any proceeding yet - as we discussed at our A19 Conference). 

From a 2024 (time flies) article "it appears quite probable that some form of platform integration, potentially through the blending of AI or virtual worlds technologies in WhatsApp, may occur." No crystal ball required!

Artificial intelligence, intellectual property, and human rights: mapping the legal landscape in European health systems

 R. van Kessel, here.

IPFS at Eurosky Live Berlin: Highlights From A Bright Future

 R. Berjon, here.

And tomorrow (virtually) at Trento University. 

Review of the EU Merger Guidelines – Stakeholder Workshop of 4th December 2025 and "Trento Choice" of relevant questions

Today in our Trento classroom the discussion turns to merger control. The timing is well suited, as Brussels today is holding a workshop on how the system might be reshaped. This creates a practical dilemma for anyone teaching the subject: it is not obvious what to present with confidence when the current framework is not performing especially well. 
Still, the workshop offers a coherent set of questions that helps to structure the debate and clarifies what is worth addressing. Here is the Trento selection of questions we consider most relevant/intriguing:



.







 



US lobbying playbook, delivered to you by Teneo

 SOMO, here.

Wednesday, December 03, 2025

A fresh approach to competition policy

 EC, here.


Great! Who should deliver it?

The economics of copyright and AI

 C. Peukert, here.

Whenever I see a "model" applied to policy, as a PhD economist I ask myself: do we really need it? What's the model obfuscating which would instead matter to policymakers? 

Silicon Valley Builds Amazon and Gmail Copycats to Train A.I. Agents

 NYT, here

Future-proofing the EU: ordoliberal governance and algorithmic regulation

 A. Küsters, here

Tuesday, December 02, 2025

Best contribution to the OECD panel "Artificial Intelligence and Competitive Dynamics in Downstream Markets"

 Douze points go to...

[CADE's contribution to the proposals of regulation of the AI systems, under analysis by the Brazilian Congress here; BTW, did our EU competition authorities submit contributions re AI Act?]

Study on the next data frontier: generative AI, regulatory compliance and international dimensions

 Final Report, for the EC, here

Where you read: "Public initiatives such as Common European Data Spaces and GAIA-X are widely anticipated to improve data accessibility, but awareness and participation remain limited, especially among SMEs." - GAIA-X, seriously? How much did the EC pay for this Report? 

AI poses unprecedented threats. Congress must act now

 B. Sanders, here.

Mehr Rechtssicherheit durch Verbots- und Erlaubnistatbestände

 TUM Think Tank, hier.

Bundeskartellamt prüft Lösungsvorschläge von Apple im ATTF-Verfahren – Markttest gestartet

 Hier.

[I can't believe this is still ongoing, really]

Time To Decide Europe Summit 2025

 ERSTE Foundation, here

The operator of an online marketplace cannot avoid its obligations under the GDPR by relying on the exemption from liability provided for by Directive 2000/31

 CJEU, here

Google ordered to pay $55m in penalties for anti-competitive conduct

ACCC, here

The Standards of Fairness in Digital Law

P. Van Cleynenbreugel, L. Grozdanovski (Eds), here

The Public Value of Arts and Culture: Investing in Arts and Culture to Reimagine Economic Growth in the 21st Century

 M. Mazzucato, here

Google deletes X post after getting caught using a ‘stolen’ AI recipe infographic

 BleepingComputer, here

[It's complicated] 

Monday, December 01, 2025

A Variation-Selection-Adaptation Framework for the Digital Markets Act

AI generated - don't trust it ;-) 

S. Vezzoso, ORDO 2026.

Abstract: This paper examines the EU Digital Markets Act (DMA) through the lens of an evolutionary economics framework structured around the concepts of variation, selection, and adaptation (VSA). It argues that the DMA represents a bold, systemic regulatory shift, motivated by the inadequacy of traditional antitrust enforcement to address entrenched digital dominance. By introducing the VSA framework, the paper offers a novel tool for evaluating how effectively the DMA promotes contestability— with innovation as the form of competition most at risk in digital markets. The framework is applied to the case of online search, with a focus on Alphabet, the only search engine designated as a gatekeeper to date. The analysis highlights the extent to which current DMA obligations promote variation (diversity), counter biased selection mechanisms, and enable effective adaptation among gatekeepers, challengers, other market participants, and regulators. It also identifies persistent gaps in regulatory design and implementation, suggesting that additional measures may be needed to fulfil the DMA’s stated ambitions. In doing so, the paper contributes both a structured analytical approach and critical insights to the ongoing evaluation and future development of the DMA. 

Digital Omnibus: First Analysis of Select GDPR and ePrivacy Proposals by the Commission

 noyb, here.

Europe needs a plan for decoupling from America

 FT, here

A Decade of OECD Competition Trends, Data and Insights

 OECD, here

Situating the Dynamic Competition Approach

AI Generated 

  N. Petit et al.,  here.

Expanding Google Cloud’s Cross-Cloud Network with a groundbreaking AWS collaboration

 Google, here

During the A19 Conference, we discussed why there wasn't any ongoing DMA qualitative designation for the third hypescaler 🤔 

Immediately after Mehta let Google escape, the company reconstituted its monopolization techniques in the generative AI space

 M. Stoller, here

In the US *only* - of course.......

Global Forum on Competition 2025

Video of the opening here

We're relying on Teresa to come up with something useful ;-)  

 

Brazil: "concerns" about the possible sharing of personal data between WhatsApp and Meta for the purpose of targeted advertising

 ANPD, here

Privacy's Autonomy Thicket: Disentangling Choice, Consent, and Control

 N. Richards et al., here

What if generative AI is reaching its limits?

 EPRS, here

N.Y. Law Could Set Stage for A.I. Regulation’s Next ‘Big Battleground’

 NYT, here

Seventh AI Pact webinar on AI Innovation for SMEs and startups

 Video here

Google Unbundles YouTube Services Following Korean Competition Probe

 CPI, here.


 

Thursday, November 27, 2025

Secteurs de la syndication de résultats de recherche et de la publicité en ligne : l’Autorité de la concurrence rejette la saisine au fond et la demande de mesures conservatoires formulées par la société Qwant à l’encontre de Microsoft

 Adlc, ici.

Plus que de véritables affrontements concurrentiels, le phénomène semble s’apparenter à une forme de connivence structurelle. Et les autres acteurs du marché ne semblent tirer aucun bénéfice de cette prétendue compétition...


Tristan Harris, the ultimate (literally?) Cassandra

 The Diary of a CEO, here.

If you listen carefully to Tristan Harris, it becomes crystal clear why the usual suspects are so opposed to the whole bunch of EU digital regulation that matters.


The Writer Who Dared Criticize Silicon Valley

 NYT, here

Path to European Competitiveness and Sovereignty? Ask OpenAI, Microsoft and Booking

 Commenting on a CERRE Report, here.

Perhaps they also asked somebody else, later, but sorry: I can't watch any further. 

Open Is Sovereign: Why Europe’s Digital Future Must Be Built on Global Open Source Ecosystems

 Linux Foundation, here.

Coincidence? Google is increasingly closing Android, as we heard last week at the Article 19 Conference

"Though still nascent, agentic AI could significantly reshape competition..."

 OECD, here.

Tbd today, Trento U. 

Recipes for digital sovereignty in a changing geopolitical landscape

 Barcelona, whereelse here.

CO-OPERATIVE ANTITRUST IN REMEDY DESIGN

 OECD, Background Paper here.

I had expected rather more. Consumer associations were barely mentioned, and broader civil society did not appear at all. But, of course,why change course, given how extraordinarily effective our remedies have been so far? A veritable Sternstunde of antitrust, especially in digital markets...


First EU Member State to pass law prohibiting price-fixing algorithms? Can't wait

 Here.

Wednesday, November 26, 2025

People-first Playbook

 MyData, here

Meta probed over whether it pushed AI tool onto WhatsApp users without consent

 Independent, here

[But the title is, well, wrong]. 

The Wrist-Slappers Strike Again

 D. Dayen, here

Décision DoctoLib

 ADLC, ici

Digital Commons on the EU’s Digital Sovereignty Agenda

 Open Future, here.

Towards a Digital Clearinghouse...: Seriously?

Fooled once...

 EDPS, here

Rutger Bregman - Moral Revolution - (as censored by the BBC)

 BBC, here

I have listened to the whole thing, and the Q&A was, I suspect, the part I appreciated most. The "straight out of Silicon Valley" comments about Europe, forever regulating, never producing, felt rather surprising  - if the world were that simple (that's why we need good historians with hindsight)! True, we do risk turning ourselves into a dusty, romantic museum, but only if we fail to make intelligent use *also* of our own heritage, including through digital tools that are not simply parachuted in from California but adapted to our needs. 

And happily, a young ‘populist left’  has already emerged with exemplary standard-bearers such as Lina Khan among them.


 

Rapport de l’Autorité de la concurrence au titre de la pratique d’autopréférence définie à l’article L. 442-12 du code de commerce

 Adlc, ici

Interim Measures re Meta AI in sight?

 

25/11/2025

ACGM, here.  [I wrote a blog post on this proceeding what feels like very long ago, here]


"Meta’s new conduct appears to constitute, already prima facie, a possible violation of Article 102 TFEU, consisting in Meta’s refusal to allow AI chatbot or AI assistant providers—its competitors—to access the WhatsApp platform in order to offer such services to users." 

It was such a low hanging fruit that I was puzzled that other Tech bros weren't openly complaining about it - which hinted to the fact that they might have been pursuing other, possibly murkier strategies. When (also?) small (EU?) ones complained, European CAs were listening...

Google is a near-$4tn monument to monopoly power [aka a monument to US/EU regulatory failure to rein it in]

 

Xmas present to Judge Mehta? For your desk?

FT, here

A Critique of Recent Remedies for Third-Party Pricing Algorithms and Why the Solution is not Restrictions on Data Sharing

 J.E. Harrington, here

Emotional Manipulation by AI Companions

 J. De Freitas et al., here

Trump Falls Short of His Populist Rhetoric

 NYT, here

EDPS TechSonar 2025-26

 Here

The Rent Is Too Damn High: Did Trump Just 'Bless' Using AI to Jack Up Rents?

 M. Stoller, here

UNESCO adopts first global ethical framework for neurotechnology

 DigWatch, here

Tuesday, November 25, 2025

Google’s compliance with EU’s Big Tech rules gets Italian redesign

 Politico.eu, here.

DMA: Encirclement Without End?

We are only a few days on from the Berlin summit on European Digital Sovereignty, where the DMA  was celebrated as an essential component to reaching that objective.  It is evidently displeasing to Americans that they were not granted a prominent role (but still with a seat at the table) at a European technological summit, even though they remained very much the Elephants in the Room. Then the US Commerce Secretary Howard Lutnick is dispatched by Big Tech to Brussels and applies pressure across the board, anchoring the negotiation to tariffs on steel and aluminium on whether we are prepared to weaken our DMA and DSA rules. And this hurts, also common Germans, as pointed out by the MEP Alexandra Geese. The Digital Omnibus,  neatly arranged on a tray, proved insufficient to placate the American technological ogres.

One must recognise that the DMA (and the DSA) are among the last bastions still standing at the moment, and that a possible Brussels Débâcle would carry profound, global implications. If we yield as Europeans, we yield also on behalf of all the other countries attempting to contain the power of the technological ogres. This Brussels Débâcle may take various forms and shapes. I do not expect a retreat, but I fear that the line may shift. Some impactful changes, adjustments and delays agreed behind closed doors, at the highest level of the Commission, remain invisible to us and significantly undermine the democratic position of us, the citizens of the European Union.

[In the meanwhile, Margrethe Vestager reacted to this frontal attack, among many others: serious stuff. And Teresa Ribeira too: strong words; Macron also onboard  ] 

DOJ v. RealPage: Proposed Settlement

 Here

High Commissioner Türk calls on business to tackle today’s challenges with human rights as their guide

 OHCHR, here

Monday, November 24, 2025

COMMERCIAL COURT NO. 15 OF MADRID ON META

 Here.

Utopias: Daron Acemoglu

 Podcast here.

The Bad Reasoning in the Meta Antitrust Ruling Isn’t Even the Worst Part

 T. Wu, here.

THE ITALIAN COMPETITION AUTHORITY SECURES INFORMED AND FREELY GIVEN USER CONSENT TO GOOGLE’S LINKING OF SERVICES

 AGCM, here.

The video of the #EuroskyLive morning sessions is up

 Here.

Special Larry Summers Edition of the Slingshot

 Video here. 

The Economics of Zohran Mamdani

 Pro Market. here.

Why Are AI Giants Betting On India?

TPP, here. 

What Is Europe Trying to Achieve With Its Omnibus and Sovereignty Push?

 TPP, here

Sarah Cardell: Keynote address, competition policy 2025 conference

 Video here

“A.I.” browsers: the price of admission is too high

 B. Lawson, here

“Easy” Default Browser Settings Aren’t Always Easy

 Mozilla, here

Jornada 25- Thomas Höppner -Video -Entrevista

 Video here

ASCOLA NOEL 2025: Antitrust as amuse-bouche

 Video here

Data Portability Can Restore Real Consumer Choice Between ‘Consent or Pay’ Offerings Online

 Data Transfer Initiative, here

The EU made Apple adopt new Wi-Fi standards, and now Android can support AirDrop

 Ars Technica, here

Digital Rights Are on the Chopping Block in the European Commission’s Omnibus

 D. Leufer, here

ChatGPT is huge in India. These locally focused startups found a way to compete

 Rest of World, here

The Obligations of Providers of General-Purpose AI Models

 M. Veale, J.P. Quintais, here

Tuesday, November 18, 2025

Digital Markets Act enforcement: Impact and next steps

 


Article 19 DMA Conference, Programme here

I thought it was a bit sci-fi, while writing the paper...





 

Europe: Investigations into cloud computing under DMA a welcome move

 Article 19, here.

Indeed, here.  

OpenAI strikes deal with Intuit to plug personal financial data into ChatGPT

 FT, here

A PROGRESSIVE ROADMAP FOR EXPANDING EUROPEAN DIGITAL SOVEREIGNTY

 C. Rikap, here

Commission launches market investigations on cloud computing services under the Digital Markets Act

 EC, here

Booking.com taken to court

 CCC, here

Competing Legal Futures – “Commodification Bets” All the Way From Personal Data to AI

 M. Giraudo et al., here.

"Our" AI&fun panel at the Article 19 DMA Conference

Now that the programme has been officially released, I can say a word about Thursday’s panel, where I shall present a paper that is highly tentative: when I wrote it, it verged on science fiction, yet events have already overtaken it. One striking aspect of the panel is that we have four papers on artificial intelligence, which is noteworthy in itself. The perspectives are varied yet complementary. And while today the Commission opened three investigations in the cloud sector, our discussion moves further downstream: we consider also whether AI-related services should be expressly recognised as core platform services, which DMA obligations genuinely already apply to AI-related services , whether they can be regarded as adequate, whether the DMA should be even more ex-ante, etc.

I suspect the session will be lively.  

Thursday, November 06, 2025

Better Access: Data for the Common Good

 KGI, here

Google's Hidden Empire

 A. Blankertz, B. Rock, N. Shaxson, here

The 40-year economic mistake that let Google conquer (and enshittify) the world


 C. Doctorow, here. 

L’Autorité sanctionne Doctolib à hauteur de 4 665 000 euros pour avoir abusé de sa position dominante dans le secteur de la prise de rendez-vous médicaux en ligne et des solutions de téléconsultation médicale

 Adlc, ici

Gene Burrus on Google, AI, and the Future of Antitrust

 Podcast here.

A $60 Mod to Meta’s Ray-Bans Disables Its Privacy-Protecting Recording Light

 404 Media, here

India AI: Governance Guidelines

 Here

Microsoft superintelligence team promises to keep humans in charge

 Semafor, here

[So much wrong about this title that I wouldn't know where to start...]

The Era of Answer Engines

 Ofcom, here

MAGENTIC MARKETPLACE: AN OPEN-SOURCE ENVIRONMENT FOR STUDYING AGENTIC MARKETS

 Microsoft, here.

How Many More Cloud Scares Does Europe Need?

 R. Berjon, here.

FIRST BLOOM: INCREASED CONSUMER CHOICE AFTER EIGHTEEN MONTHS OF THE DMA The E

 BEUC, here.

Legal Corner: Apple’s “notarisation” – blocking software freedom of developers and users!

 FSFE, here.

AirPods Live Translation feature coming to the EU next month

 9to5Mac, here.

How long before the next "product can't possibly be launched in the EU because of annoying digital regulation"?

Amazon v. Perplexity

 Complaint here.

And what does Perplexity say? Here.

DOJ lists ‘innumerable’ ways Google could maintain an ad tech monopoly

 The Current, here.

Saturday, November 01, 2025

Open Access & Copyright in the age of AI

 Hertie, Bocconi, here

Better protection for players of video games

 ACM, Position Paper, here.

Google/AGCM-Enel X

 CdS- Final Cut, here.

Fellowship „Internationale Digitalpolitik“ - Wir suchen deine Ideen für die Internationale Digitalpolitik!

 Hier.

Traumopportunity!

Google dessine le monde : faut-il s’inquiéter ? Cartographie, pouvoir et dépendance numérique

 Avec Sébastien Soriano (!), ici.

Prix nobel de l'économie 2025 (grillé) à l'Assemblée nationale

 Vidéo ici

Débat intéressant car le néo-schumpétérisme à la Aghion rencontre ici le populisme économique à la française, tant à droite qu’à gauche. Les autorités de concurrence devraient également y prêter attention : il ne suffit pas d’écarter ces voix en les qualifiant d’économiquement illettrées, ni de se retrancher derrière quelques écrits et affirmer que toutes les implications d’un modèle n’ont pas été pleinement prises en compte. 

Alors qu’aux États-Unis, le mouvement néo-brandeisien a en partie intégré des revendications populistes et tenté de les traduire en actions concrètes de politique de la concurrence, en Europe nous en sommes restés bien éloignés jusqu’à présent. Les temps changeraient-ils ? Il existe une soif de réponses concrètes à de véritables problèmes ; c’est, en fin de compte, de cela que dépend la légitimité démocratique de la politique de concurrence. 


How OpenAI Uses Complex and Circular Deals to Fuel Its Multibillion-Dollar Rise

 


NYTimes, here

Determining Which Researchers Can Collect Public Data Under the DSA

D. Keller, here

Data Sharing Guidelines

 ACM, here.

[Very useful also for teaching purposes! We worked extensively on the Data Act this semester - a bit too late for us though, we have since moved to other topics]

Monday, October 27, 2025

Sunday, October 12, 2025

Cartography of generative AI

 Here.

Why America Builds AI Girlfriends and China Makes AI Boyfriends

 ChinaTalk, here.

Antitrust Law and Oligarchy: The Intersection of Markets, Democracy, and Power

 Here.

Timing was, well, bad (into Friday evening my time, European after all and cherish my off-work time) - followed 1/3 of it and was very stimulating: hopefully there'll be a recording soon. 

AI Acquihires: Competition Risks, Talent Battles and Economic Spillovers

 

https://cartography-of-generative-ai.net/

CEPR, here.


I particularly appreciated Jonathan Kanter's opening remark, which subtly questioned part of the very premise of the webinar: perhaps what we now need less are abstract theoretical models, and rather more empirical grounding. Even those participants steeped in theory conceded that the empirical dimension has been somewhat lacking.

Secondly, the Commission’s representative made a valuable point: we should move beyond our preoccupation with “killer acquisitions” and “acquihires” to examine broader structural trends at the "wholesale" level. In particular, attention should turn to the emerging web of quasi-trusts formed through cross-investments etc. among major players. This evolving network of reciprocal stakes has become almost too intricate to trace.

Finally, my Students and I suggest that we already look closely at how these firms are positioning themselves also downstream. Google, for instance, is carving out a strong presence in the market for AI-based "learning/curiosity' applications, notably in education. Thus, in class we recently debated how long it may take before Notebook LM becomes enshittified. How can/should the DMA help in this respect? 

Apply AI Strategy

 EC, here.

Japan’s Agile AI Governance in Action: Fostering a Global Nexus Through Pluralistic Interoperability

 CSIS, here.

"Whereas the European Union positions AI strictly as a human tool and thus perceives a risk in AI evaluating humans, Japan is more accepting of a horizontal relationship between humans and AI" where would you prefer to live? 

Wednesday, October 08, 2025

What a Dutch Court Ruling Against Meta Signals for Private DSA Enforcement

 R. Jahangir, here.

Algorithmic Antitrust: California's New Pricing Law

 FKKS, here.

AI Act Single Information Platform

EC,  here.

Announcing DTI’s Data Trust Registry

 Here.

How Google's AI Overviews are affecting Australian news websites

 ABC, here.

How to Overturn an Oligarchy

 

M. Stoller, here

 

 

 

 

 

On this side of the Atlantic, the CMA: "It is plausible that to the extent Activision content is
added to Game Pass, the price of Game Pass subscriptions may increase
commensurately and therefore the purported benefit from the Merger may not
ultimately accrue to UK consumers to the extent claimed, or even at all" - so: price increase for UK consumers ok, because of added Activision content? 

Saturday, October 04, 2025

Who were those academics and other economists lavishly paid to say this would never happen, BTW?

 


Coordination and Power

 


F. Gernone, here.

This is a very basic AI generated video overview produced by Notebook LM - potentially lowering your barriers to entry (these days, experimenting using it with my Students and also with you, dear Wavesblog Readers). The paper offers antitrust folks still reliant on IO economics a different and original lens through which to view things — and that, in itself, is already something decidedly worthwhile!

Algorithmic pricing and competition in G7 jurisdictions

 OECD, here.

Amazingly timely, thank you! Next week topic...

 


 

Updated Compendium of approaches to improving competition in digital markets

 G7, here.