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Should the First Amendment Protect Prosocial Cartels?

Advertiser boycotts, content moderation coalitions, and other forms of coordinated conduct increasingly pursue both commercial and social objectives, blurring the line between protected expression and unlawful collusion. In a new paper Madhavi Singh argues that extending First Amendment immunity to these “prosocial cartels” would undermine antitrust law and that they should instead be evaluated under the rule of reason.

Why Party Infighting Can Serve Voters

In new research, Giovanna Invernizzi and Federico Trombetta build a model that shows how factional disagreement from a national leader’s own party can reveal to voters the leader’s strength and deter them from enacting harmful reforms.

A Recent Colombia Case Shows How Constitutional Protections for Competition Create Unique Legal Conundrums

Colombia is one of 52 countries that have enshrined competition protections in their constitution. The Constitutional Court’s 2026 ruling in Superintendence of Industry and Commerce v. National Civil Registry explored how countries may resolve clashing constitutional principles, in this case the state’s protection of competition and the separation of powers, write Maciej Bernatt, Angel Madiedo, Hannya Ramírez Madrid.

The EU Commission’s Meta Decision on “Consent or Pay” Foregoes Competition for Data Privacy Law

In new research, Wolfgang Kerber argues that the European Union's decision to require a third option in Meta's "consent or pay" model focuses too heavily on user consent and ignores the broader goal in the Digital Markets Act of reducing gatekeeper advantages and increasing competition.

Call for 2027 Applications: The Stigler Center Affiliate Fellowship

The Stigler Center is seeking pre-tenure candidates for its Affiliate Fellows program. Applications are due January 22. You can apply here.

Competition Agencies Should Use Conditional Fines to Complement Behavioral Remedies That Age Poorly

In new research, Patrice Bougette, Frédéric Marty, and Simone Vannuccini propose that competition authorities add a conditional fine to antitrust cases that is activated when behavioral remedies are no longer effective.

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