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From the Editor-in-Chief

Greetings from Secretariat and welcome to the first 2026 issue of Economists Ink.

Whether you are an economist, attorney, or simply interested in ideas at the intersection of law and economics, we are glad you found us. This publication includes insights from leading economists about recent developments in law and economics that may significantly impact the field.

This issue explores recent topics in the economics of AI-based discrimina­tion, antitrust remedies in Big Tech, market definition in the cannabis industry, and the evolving antitrust allegations in college athletics.

In the first article, Drs. Stuart Gurrea and Nicolas Suarez explore how economists may approach class-action litigation claims of discrimina­tion involving AI-driven hiring and selection tools. They evaluate the circumstances under which such algorithmic systems might not form a common policy sufficient to support class certification and consider the implications for future AI-related class-wide litigation.

In the second article, Dr. Stephanie Khoury examines the proposed settlement in Epic v. Google, which includes revisions to the court-ordered injunction intended to open the Android app ecosystem to meaningful competition. The article highlights judicial and third-party concerns that the proposed changes may fall short of providing an adequate remedy and underscores the importance of market-wide economic considerations in shaping effective relief.

In the third article, Dr. Jéssica Dutra analyzes the evolving competitive landscape of the U.S. cannabis industry as more states adopt cannabis laws. She discusses how federal prohibition under the Controlled Substances Act (CSA) alongside state-specific regulatory frameworks have produced fragment­ed markets with localized supply chains without interstate commerce. She also considers the implications for competition policy, including market concentration and geographic market definition in retail cannabis markets.

Finally, Dr. Kira Stearns examines how prior NIL and revenue sharing settlements in college athletics may have shaped economic incentives contributing to the recent increase in antitrust allegations against the NCAA.

We hope you find the articles and news featured in this issue insightful. You can stay up to date on the latest from Secretariat’s economists by following us on LinkedIn.

This issue’s highlights

books

Featured Article

NIL, Revenue-Sharing, and the NCAA’s Growing Antitrust Vulnerability

by Kira Stearns

Antitrust scrutiny of the National Collegiate Athletic Association (NCAA) has a long history, rooted in tensions between the organization’s role as a regulator of college sports and the requirements of U.S. competition law. Until 2014, the NCAA relied on amateurism as its primary defense against antitrust challenges, particularly regarding limits on athlete compensation.

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books

Featured Article

News and Notes — Spring 2026

On January 30, 2026, NRG completed its acquisition from LS Power of 18 natural-gas-fired generation facilities totaling about 13 GW and CPower, a 6 GW virtual power plant platform. A Secretariat team led by Managing Director John Morris provided competition analyses for NRG supporting the transaction.

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