Eric A. Posner

Eric Posner is Kirkland and Ellis Distinguished Service Professor of Law, University of Chicago. His research interests include financial regulation, antitrust law, and constitutional law. He has written a dozen books and more than a hundred academic articles on law and legal theory. His most recent books are How Antitrust Failed Workers (Oxford University Press, 2021), Radical Markets (Princeton) (with Glen Weyl), which was named a best book for 2018 by The Economist; Last Resort: The Financial Crisis and the Future of Bailouts (Chicago), which was named a best book for 2018 by The Financial Times; and The Twilight of Human Rights Law (Oxford). He is of counsel at MoloLamken LLP, a fellow of the American Academy of Arts and Sciences, and a member of the American Law Institute.

The Whig History of the Merger Guidelines

A pervasive "Whig" view of United States antitrust history among scholars and practitioners celebrates the Merger Guidelines' implementation of increasingly sophisticated economic methods since their...

Toward a Market Power Standard for Merger Review

The Stigler Center’s 2023 Antitrust and Competition conference seeks to answer the question: what lays beyond the consumer welfare standard? In advance...

Antitrust’s Labor Market Problem

A series of academic studies in recent years highlighted the fact that labor markets are often highly concentrated and that employers use...

Senator Klobuchar’s Antitrust Bill Doesn’t Go Far Enough

Senator Klobuchar’s bill includes many useful proposals to bolster antitrust enforcement, but the antitrust laws have been so weakened by the courts...

Why the FTC Should Focus on Labor Monopsony

Economic theory tells us that firms are more likely to exploit labor market power than product market power in the United States today. And...

Data Workers of the World, Unite!

With solutions to the threats of digital monopolies currently looking unlikely to come from the state, law and economics scholars Eric Posner and Glen...

Latest news

Creation over Time in Copyright and Patent

On May 18, the United States Supreme Court decided two intellectual property cases with two seemingly different results. A closer look, however, reveals a complimentary concern with the monopolistic power of first movers and how the legal system should enable innovation from second movers over time, writes Randy Picker.

ESG Standards’ Good, Bad and Ugly

The Stigler Center for the Study of the Economy and the State hosted a virtual event discussing the standards, metrics and disclosures of investments focused on Environmental, Social and Governance (ESG) goals. The following is a transcript of the event.

Reregulate.

Lee Hepner and William J. McGee respond to Clifford Winston’s ProMarket piece asserting that further deregulation of the airline industry would resolve problems in the industry. Instead, the authors claim a return to regulation would produce better results for travelers.

A World With Far Fewer Mergers

Brooke Fox and Walter Frick analyze research and ideas presented at the Stigler Center Antitrust and Competition Conference that question the value of mergers.

The Banking Risks of Central Bank Digital Currencies

The implementation of central bank digital currencies as the primary medium of exchange would exacerbate the flaws of our current fiat system which encourage banks to overextend credit and create liabilities that they cannot redeem. This will worsen the already recurring cycles of financial crises, writes Vibhu Vikramaditya.

The Whig History of the Merger Guidelines

A pervasive "Whig" view of United States antitrust history among scholars and practitioners celebrates the Merger Guidelines' implementation of increasingly sophisticated economic methods since their...

Algorithmic Collusion in the Housing Market

While the development of artificial intelligence has led to efficient business strategies, such as dynamic pricing, this new technology is vulnerable to collusion and consumer harm when companies share the same software through a central platform. Gabriele Bortolotti highlights the importance of antitrust enforcement in this domain for the second article in our series, using as a case study the RealPage class action lawsuit in the Seattle housing market.