The draft Merger Guidelines largely replace the consumer welfare standard of the Chicago School with the lessening of competition principle found in the 1914 Clayton Act. This shift would enable the Federal Trade Commission and Department of Justice Antitrust Division to utilize the full extent of modern economics to respond to rising concentration and its harmful effects, writes John Kwoka.

COMMENTARY

The FTC Needs To Focus Arguments on Technological Transitions After High-Profile Losses

Joshua Gray and Cristian Santesteban argue that the Federal Trade Commission's focus in Meta-Within and Microsoft-Activision on narrow markets like VR fitness apps and consoles missed the boat on the real competition issue: the threat to future competition in nascent markets like VR platforms and cloud gaming.

RESEARCH

How Anthony Downs’s Analysis Explains Rational Voters’ Preferences for Populism

In new research, Cyril Hédoin and Alexandre Chirat use the rational-choice theory of economist Anthony Downs to explain how populism rationally arises to challenge established institutions of liberal democracy.

A New Capitalisn’t Episode

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LATEST

Holding Up the News

Meta has silenced news organizations’ social media accounts in response to Canada’s Online News Act, a law not yet in effect. Josh Braun describes the reasoning behind such legislation, its potential flaws, and how Meta, particularly Facebook, has turned the Canadian wildfire crisis into a regulatory pressure campaign.

Split the Legal, Economic and Policy Arguments of the Draft Merger Guidelines

To support the Agencies’ goals of stronger antitrust enforcement, Fiona Scott Morton recommends breaking the draft Merger Guidelines into three documents that clarify the Guidelines’ legal and economic justifications and overarching goals and priorities.

Randy Picker: A Brief for the Public?

Randy Picker provides his round-two comments on the draft Merger Guidelines.

Guidelines to Match the Moment

Erik Peinert compares the changes in the draft Merger Guidelines with those of the past. He points out that the shift is a necessary measure to enhance enforcement in the current economic environment.

Cory S. Capps & Leemore Dafny: A Conversation on the Draft Merger Guidelines, Round II

Cory S. Capps and Leemore Dafny provide their round-two comments on the draft Merger Guidelines. To read more from...

what we're reading

READING LISTS

Americans spend significantly more on health care than any other country. Why? Answers to this question range from hospital monopolies to perverse incentives to opaque pricing to medical licensing to pharmaceutical firms abusing IP practices to “creeping consolidation.” Why is the US health care system so broken? And what can antirust do about it? Catch-up on our coverage of antitrust and the US health care system.

Lowering the Barriers to Entry for Economics Research in Healthcare

A new collection of scholarly work on the economics of the US healthcare sector is released today. The following is an adaptation...

Rethinking How To Achieve Universal Health Care Coverage in the US

Solutions to expanding heath care coverage in the U.S. are often incremental and focus on mitigating market failures. In new research, Katherine...

Antitrust Enforcement Is Not Enough to Address Anticompetitive Conduct in Pharmaceutical Markets. Market-Oriented Legal Reform is Needed.

Federal antitrust enforcement has been robust and effective in promoting prescription drug market competition and thereby enhancing consumer welfare. Antitrust enforcement in...

Competition Problems in Prescription Drug Market

Although not the sole cause of high prescription drug costs, abusive practices that distort competition contribute to the problem. Too many companies...

George J. Stigler, one of the most influential economists of the 20th century, won the Nobel Prize in Economic Sciences in 1982 “for his seminal studies of industrial structures, functioning of markets, and causes and effects of public regulation.” His research upended the idea that government regulation was effective at correcting private-market failures. Stigler introduced the idea of regulatory capture, in which regulators could be dominated by special interests. These regulators would work for the benefit of large, monied organizations rather than the public good. Catch up on ProMarket's coverage of his legacy.

COLUMNS

Merger Guidelines: Taking on a Monopoly Crisis

Matt Stoller lays out the case for the new draft Merger Guidelines, arguing that they incorporate new lessons regarding technology and business practices, while also learning from past mistakes.

Bethany and Luigi’s 2022 Book Recommendations

Capitalisn't hosts Luigi Zingales and Bethany McLean offer their recommended books from 2022 for ProMarket readers.

The Complicated Legacy of the “Chicago Boys” in Chile

How did a group of Chicago-trained economists manage to turn Chile into the cradle of neoliberalism? As the country aims to move...

GameStop, the Cantillon Effect, and America’s Corrupt Financial Plumbing

The GameStop frenzy, far from a morality tale of the people showing up Wall Street elites, should show that something is seriously...