What does this research mean for the field?

To prevent competition authorities from becoming de facto regulators in dynamic markets, behavioural antitrust remedies should employ 'bounded adaptability,' meaning they are revisable only within predefined substantive and procedural limits linked to the original theory of harm. Novelty: ClaimNovelty.INCREMENTAL. Consensus alignment: ConsensusAlignment.NEUTRAL.

What question did this study set out to answer?

This article explores the role of behavioural remedies in antitrust enforcement and the emerging tensions with regulatory frameworks.

June 6, 2026ORDO

Adaptive Behavioural Remedies and the Regulatory Turn in Antitrust Enforcement

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This article explores the role of behavioural remedies in antitrust enforcement and the emerging tensions with regulatory frameworks.
Analyzes the evolving use of behavioural remedies in competition law enforcement.
Develops a typology of remedy design ranging from one-off injunctions to ongoing obligations.
Assesses the implications of rigid versus flexible remedies in dynamic markets.
Identifies a continuum of behavioural remedies that may resemble regulatory interventions.
Argues for bounded adaptability to prevent competition authorities from becoming de facto regulators.
Clarifies distinctions between bounded adaptability and open-ended flexibility in enforcement.

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Implication

Article examines the role of behavioural remedies in competition law, highlighting tensions between antitrust and regulation.

Cite This Study

Bougette et al. (2026) studied this question.

synapsesocial.com/papers/6a23bafd71a5da9775e76950 https://doi.org/10.1515/ordo-2026-3004

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Adaptive Behavioural Remedies and the Regulatory Turn in Antitrust Enforcement

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Discussion

Implication

Cite This Study

Adaptive Behavioural Remedies and the Regulatory Turn in Antitrust Enforcement

Key Points

Discussion

Implication

Cite This Study

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