May Threads 2026
Threads from ICLE scholars on trending issues for the month of May 2026.
Sometime this year, "six-seven" became a phrase. It still means nothing.
Article 6(7) of the DMA is starting to suffer a similar fate.
My new @TOTMblog piece argues the Commission is ignoring half of 6(7), particularly in the Android AI case.
— Dirk Auer (@AuerDirk) May 15, 2026
Sometime this year, "six-seven" became a phrase. It still means nothing.
Article 6(7) of the DMA is starting to suffer a similar fate.
My new @TOTMblog piece argues the Commission is ignoring half of 6(7), particularly in the Android AI case.
— Dirk Auer (@AuerDirk) May 15, 2026
The EU Council's Cyprus Presidency just published its progress report on the EU Space Act. Worth reading next to the substantive comments ICLE filed with the Commission in November. Half a scorecard, half a warning.
— kristian stout (@kristianstout) May 13, 2026
Exposing users to millions (perhaps billions) of choice screens raised Firefox's market share by less than one percentage-point.
Crazy that people are citing this as evidence of the DMA succeeding.
There is simply no meaningful impact on competition.https://t.co/53Sba7EP6S
— Dirk Auer (@AuerDirk) May 12, 2026
In December, there was a panic-inducing report about Instacart.
Surveillance pricing! Okay, minor detail: they found no evidence of that.
Flash forward 5 months, and we have our first law out of Maryland.
Lo and behold, the law is also confused about dynamic pricing,… pic.twitter.com/9199SbaO9v
— Brian Albrecht (@BrianCAlbrecht) May 11, 2026
In my latest @TOTMblog, I consider the state of social media litigation in Addicted to Vagueness: Lawmakers Can’t Regulate Social Media by Vibes (a ?) pic.twitter.com/xDIfBGPJlH
— Ben Sperry (@RBenSperry) May 8, 2026
NEW PUBLICATION:
“Lost in Translation? Injunctions and Patent Enforcement in a Transatlantic Perspective” available #openaccess in @jworldip pic.twitter.com/Io7Co5EL2x— Giuseppe Colangelo (@GiuColangelo) May 8, 2026
Spirit Airlines is gone.
So who's responsible—antitrust enforcers or the market?@IAtheTeapot and I argue the answer may be neither, as merger doctrine can't handle fragile firms whose real alternative to a deal isn't competition, but slow attrition.https://t.co/fJcJdd5JKl
— Dirk Auer (@AuerDirk) May 8, 2026
Major win for innovation and consumers in the digital discrimination case in front of the Eighth Circuit today. Initial thought: the court appears to largely agree with the arguments put forth in the ICLE/ITIF amicus briefhttps://t.co/Td5QLsQ5x1
— Ben Sperry (@RBenSperry) May 6, 2026
The Meta remedies trial in New Mexico is exposing something important: when AG Raúl Torres can't get a legislature to pass what he wants, he's asking a court to do it instead. Even the presiding judge has had to say it out loud: "I am a judge, I'm not a legislator." https://t.co/cMquikqBUE
— kristian stout (@kristianstout) May 4, 2026
Publication ALERT:
my paper on “Superior bargaining power, antitrust, and digital markets: a transaction cost economics perspective” in the Journal of Competition Law & Economics pic.twitter.com/G0qeKcDORA— Giuseppe Colangelo (@GiuColangelo) May 1, 2026
Paragraph 20 of the Merger Guidelines says the Commission will make an "overall assessment" of mergers based on a series of competition parameters, including non-price parameters that it acknowledges cannot be quantified.
It further says it enjoys a margin of discretion in… pic.twitter.com/eL1bavoLzi
— Lazar Radic (@laz_radic) May 1, 2026
What the new EU Merger Guidelines are doing is much bigger than the boring title would suggest. There’s tons to unpack and quite a bit to be concerned about. A day 2 ? 1/ pic.twitter.com/f1uNYBC1fb
— Lazar Radic (@laz_radic) May 1, 2026