Antitrust and Competition

Collective Action and the Lawyers—Take Antitrust Off the Table

Eleanor Fox argues that the leading law firms should have immediately and collectively resisted President Donald Trump’s attacks. Strong, timely collective resistance may have helped staunch democratic backsliding and prevented normalization of repeated, speech-chilling demands. Doing so, however, the firms would have faced the risk of violating the antitrust laws. This article assesses antitrust’s treatment of political action and argues that the space for protected political action needs to be enlarged.

A Win for Meta Could Open the Television Broadcasting Market to Consolidation

Joseph Price writes that how the court in the Meta antitrust case determines the relevant product market may have implications for merger activity among television broadcasters, who have similarly argued that the regulators and courts use outdated market definitions to block consolidation.

We Must Avoid Killer Acquisitions at the Birth of AI

The artificial intelligence market is rapidly developing but antitrust regulators are failing to update their policies, write Tennessee Attorney General and Reporter Jonathan Skrmetti and Kevin Frazier. Regulators’ passiveness risks repeating what happened to social media markets, where a few tech giants were able to acquire nascent competitors and dominate the market. The authors propose three policies to help maintain a competitive AI market.

Is Private Equity’s Involvement in Healthcare Really Harmful?

Anthony T. LoSasso, Ge Bai, and Lawton Robert Burns argue that critics of private equity’s involvement in healthcare ignore that it is often the only financial lifeline available to distressed healthcare providers and can introduce an improvement in outcomes, including quality of care.

How Private Equity Hurts the Healthcare Workforce

Theodosia Stavroulaki reviews how the involvement of private equity in American healthcare leads to, among other negative outcomes, burnout and stress among healthcare workers, particularly physicians. She writes that the consequences could cripple America’s healthcare system.

The Antitrust Agencies Should Block OpenAI’s Windsurf Acquisition To Support AI Innovation

Recent government wins against Big Tech demonstrate the prudence of proactively stopping consolidation in the emerging AI startup ecosystem to prevent harm to innovation and consumers. OpenAI’s recent acquisition of Windsurf raises these competition concerns. The antitrust agencies should block it.

Does Private Equity Harm the Welfare of Residents in Nursing Homes?

Robert I. Field argues that private equity’s impact on price competition among nursing homes is limited because prices are mostly determined by Medicaid. However, private equity does impact quality and labor outcomes, which deserve greater government scrutiny.

Does Private Equity Harm Competition in the Hospital Industry?

Brent Fulton discusses private equity’s investments in hospitals and assesses the risks it presents to key stakeholders: private equity investors, debt investors, patients, and the government. He argues financial transparency regulation is needed so fraudulent transfer and bankruptcy laws can be enforced to reduce uncompensated risk being borne by patients and the government (ultimately taxpayers).

Do Private Equity and Other Investors Harm Competition in the Pharmaceutical Industry?

Melissa Newham reviews how investors can alter the incentives and behavior of pharmaceutical companies to reduce competition and consumer welfare through common ownership and “rollup” deals.

The Curious Case of Private Equity in Health Care’s Market Failures

Over the last year, the United States government has demonstrated increased concern about private equity’s involvement in health care. Barak Richman and Richard Scheffler...

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