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Commentary

An outlet for insiders to speak freely (as they remain anonymous to the reader) on what they perceive as problematic practices in their own industry – with an emphasis on how the industry tweaks the rules of the game and captures regulation.
“People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices. It is impossible indeed to prevent such meetings, by any law which either could be executed, or would be consistent with liberty and justice.” Adam Smith – An Inquiry into the Nature and Causes of the Wealth of Nations (1776)

Commentary

How the Law Protects and Promotes Corporate Misconduct

Jennifer Taub
Corporate crimes like fraud continue unabated in the United States. Jennifer Taub defines a chief reason as “accountability theater,” or the propensity of government prosecutors to pursue out-of-court civil settlements rather than criminal trials that, though they might lose them, would publicize the extent of corporate misconduct and better deter future abuse.
Commentary

A Voluntary AI Rating System Can Balance Innovation and Consumer Protection

Kevin Frazier
States are beginning to impose idiosyncratic rules on artificial intelligence chatbots and other offerings in response to harms to consumers. Rather than create a...
Commentary

The Challenge of Accountability Under US Business Law

Elizabeth Pollman
Elizabeth Pollman reviews barriers for holding corporations and their fiduciaries accountable under corporate and securities law.
Antitrust and Competition

Will GenAI Break Google’s Dominance in Search?

Mihir Kshirsagar
Judge Amit Mehta shaped his remedies in the Google Search case on the assumption that startups developing generative artificial intelligence models can restore competition in internet search. Mihir Kshirsagar analyzes the barriers to entry these startups face—scale, distribution, defaults, data and integration advantages, and content access—to show how Big Tech is still in control of the future of the search industry.
Commentary

Will Trump’s Drug-Pricing Order Reduce Prices for Americans?

Margherita Colangelo
President Donald Trump has, across two administrations, sought to lower drug prices for Americans, most recently with executive order “Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients.” Margherita Colangelo explains why his order is unlikely to accomplish its goal.
Academic Capture

The Political Economy of Distrust in Science

Matthew Lucky
Skewed incentives and the distribution of resources toward corporations have undermined the integrity of scientific research and contributed to the public’s distrust in expertise....
Antitrust and Competition

The European Commission Can and Must Act on Excessive Pricing

Aline Blankertz
The European Commission has struggled to tackle excessive prices in Europe, despite evidence of how they arise in relation to market power. Aline Blankertz, Todd Davies, Justine Haekens, and Nicholas Shaxson argue that adopting accounting and financial analysis as part of its toolkit can enable the Commission to understand and act when firms are exploiting their market power.
Capture

Germany’s CumEx and CumCum Financial Scandals Reveal How Democratic Institutions Fail

Gerhard Schick
Gerhard Schick discusses the CumEx and CumCum share-trading scandals that cost German taxpayers billions of euros over the course of several decades and the failures in political and social institutions that allowed these scandals to persist for so long.
Capture

How To Stop the Scourge of Corporate Pardons

Rohit Chopra
Former Federal Trade Commissioner and Consumer Financial Protection Bureau Director Rohit Chopra writes that as the federal government circumvents the rule of law by pardoning corporate infractions and crimes in exchange for political favors, individual states, citizens, and businesses will need to pursue private actions against corporate wrongdoing.
Antitrust and Competition

The EU Must Revise Its Merger Guidelines To Strengthen Innovation, Security, and Democracy

Max von Thun
Max von Thun and Claire Lavin argue that the European Commission must revise its merger guidelines to emphasize how competition policy can protect goals beyond prices, including innovation, security, and democracy. This will create a more prosperous European Union.
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The publication of the Stigler Center at The University of Chicago Booth School of Business

ProMarket is dedicated to discussing how competition tends to be subverted by special interests. The posts represent the opinions of their writers, not necessarily those of the University of Chicago, the Booth School of Business, or its faculty. For more information, please visit ProMarket Policy.