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The FTC Noncompete Ban Is Legal

Jonathan Masur and Eric Posner argue that the Federal Trade Commissions’ recent ban on noncompete clauses is lawful under the plain language of the Federal Trade Commission Act, longstanding court precedent, and well-established administrative law principles.

Are Letta, Macron and Draghi Marking the End of Neoliberalism in Europe?

Recent contributions from Enrico Letta, Mario Draghi, and Emmanuel Macron are exposing however deep concerns that the European project is floundering. Cristina Caffarra writes that Letta, Draghi and Macron are collectively making an urgent call to tackle the reality of a “divided bloc” that has lost ground, rethink industrial policy, public good investments and reformulate traditional trade-offs. Explicitly acknowledging the end of the neoliberal vision that still occupies many European institutions (from antitrust to trade to industrial policy) will be important to “join the dots” and make the trade-offs clearer.

Government Influence in Accounting Rulemaking Has Led to Understated Costs and Worse Financial Outcomes

Municipal and state governments provide input to the organization that creates their accounting standards. Such input by stakeholders can be helpful, but their influence has produced some accounting rules that diverge from both economic reality and private sector rules. These deviations allow governments to understate budget liabilities, including pensions plans, and put at risk the financial health of states and cities across the United States.

Mike Jensen on CEO Pay

Kevin Murphy reflects on his seminal work with the late Michael Jensen, reassessing their influential findings on CEO compensation in light of the dramatic changes in executive pay practices and market conditions since the 1990s. In this piece, Murphy shares the journey of their research collaboration, the challenges they faced, and the evolution of their thoughts on executive compensation.

The Political Economy of Populism in Germany

Knut Bergmann and Matthias Diermeier discuss the economic origins and developments of Germany’s right-wing Alternative for Germany party and how the party’s rise reflects, in part, voters’ concerns that mainstream parties are failing to protect the future of Germany’s vibrant manufacturing sector.

What Is the Role of Efficiency in Merger Review?

Luis Braido builds on Eric Posner and Carl Shapiro’s debate about the role of economics in merger review by further exploring the tension between efficiency and consumer welfare. He argues that efficiency merits endorsement as it boosts productivity, wealth, and social welfare. Nevertheless, he acknowledges that the law favors competition and consumer welfare over efficiency. From his perspective, enlarging the range of remedies available in merger review is central for protecting productivity gains while preserving competition and compensating consumers for adverse impacts.

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