Marshall Steinbaum

Marshall Steinbaum is an Assistant Professor of Economics at the University of Utah and Senior Fellow in Higher Education Finance at the Jain Family Institute.

Missing the Forest for the Trees: A Reply to Hovenkamp and Shapiro

The Federal Trade Commission’s now-abandoned 2020 Vertical Merger Guidelines were not some ideal economic document that the FTC foolishly disregarded; rather, they...

Antitrust as Economic Stimulus

By attacking power imbalances, competition policy can steer income to workers and independent merchants who are more inclined to spend than monopoly...

Policy Failure: The Role of “Economics” in AT&T-Time Warner and American Express

The recent AT&T and Amex decisions showcase the pitfalls of considering antitrust cases solely on the basis of economic analysis and may have the...

Antitrust in the Labor Market: Protectionist, or Pro-Competitive?

Redirecting antitrust enforcement to confront monopsony power would be a substantial departure from the way it has been conducted in recent decades, but just...

Monopsony Takes Center Stage

Bringing the powerful weapons the federal competition authorities have to bear on the problem of monopsony would be a substantial, but necessary departure from recent...

One Happy Byproduct of 2016: An Overdue Tax Policy Debate

Rich people are much richer than they used to be in large part because they pay much less tax than they used to. This—not...

What Role for Antitrust in the Era of Rising Inequality? The Importance of Power in Supply Chains

Concentration of power in supply chains is a prime mechanism by which dominant companies consolidate power and profits. The Sherman Antitrust Act of 1890 was...

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Should The Competitive Process Test Replace The Consumer Welfare Standard?

Jonathan Kanter, Assistant Attorney General for the Department of Justice Antitrust Division, recently gave a speech condemning the use of the consumer...

Delaware: The State Where Companies Can Vote

Adapted from What’s the Matter with Delaware: How the First State Has Favored the Rich, Powerful, and Criminal—and How It Costs Us...

The NCAA Goes After College Athletes’ NIL Money—Here are the Antitrust Implications for Workers and Consumers

Having lost in the Supreme Court on student-athlete academic benefits, the NCAA has signaled a continuing attempt to suppress competition in the...

Have Business Roundtable Companies Lived Up to Their Stakeholder Commitments?  

In 2019, more than 100 CEOs of US public companies signed a Business Roundtable statement in which they pledged to deliver value...

Do Protests Matter At All for Shifting Government Policy Around Economic Redistribution?

New research on the effectiveness of protests on government distributions provides insights into the political incentives of a country’s leadership and the...

Mergers and Smoking Guns

A recently uncovered memo from George Stigler and Richard Posner reveals how they thought about antitrust and merger policy in advising the...

Will “Portfolio Primacy” Throw a Monkey Wrench in Elon Musk’s Plans to Acquire Twitter?

The SEC's definition of fiduciary duty allows institutional shareholders to vote against Elon Musk's Twitter takeover bid thanks to portfolio primacy.