Commentary

Max Oversight Duties: How the Boeing Case Signifies a Shift in Corporate Law

Why did regulation, corporate governance, and fear of repetitional harm fail to prevent the Boeing 737 Max debacle from happening? A new paper explores...

How Practical Are Biden’s Proposals to Promote Labor Market Competition?

A new report from the Biden administration lays out ways to increase competition in US labor markets. Will they work? A Biden administration report, published...

Why Aligning Antitrust Policy With Sustainability is a Moral Imperative 

The looming ecological disaster means that it is time for competition researchers, policymakers, lawyers, and economists to devise competition policies that focus on the...

The World’s First Green Antitrust Provision Shows that Climate Action is the Newest Antitrust Frontier

Late last year, Austria became the first country to enact a green antitrust provision—an exemption shielding corporate agreements related to environmental sustainability initiatives from...

Designing Better Antitrust Remedies for the Digital World

Even when antitrust enforcers and courts get it right when finding an anticompetitive infringement, they constantly end up imposing remedies that are inadequate to...

The Impact of Economic Sanctions on Russia

Normally, economic sanctions are largely a symbolic criticism of a country’s actions and nothing more. This time it’s different, but they will still take...

What Economists Mean When They Say “Consumer Welfare Standard”

Though coined by academic economists, the term “consumer welfare standard” has been captured and changed by the economic school of thought known as the...

Google’s Calls for DOJ Antitrust Head Jonathan Kanter’s Recusal Are Baseless

Kanter’s pre-existing commitment to aggressive antitrust enforcement, far from compromising the legitimacy of his actions, reinforces his qualifications for doing the job of Assistant...

The Ties that Bind Workers to Firms: No-Poach Agreements, Noncompetes, and Other Ways Firms Create and Exercise Labor Market Power

Collusive no-poach agreements are per se illegal, but noncompete clauses are not. Recent research casts doubt on the rationale for this legal distinction and...

This Proposal Could Inadvertently Improve Corporate Accounting

A provision within the Biden administration’s Build Back Better bill that assesses a minimum tax on certain companies based on their income reported to...

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