Antitrust and Competition

Antitrust and Labor

Does antitrust have a labor market problem? The last few years have seen growing interest among academic scholars in the causes and effects of concentration in US labor markets. Concurrently (and not unrelated), there has been an explosion of interest among policymakers and the general public in the impact that firms with market power may have on wages and working conditions. What do the data say regarding employer concentration and its effect on workers? Is antitrust in its current form equipped to address issues related to labor market power? In an attempt to answer these questions and more, we have decided to launch a series of articles on antitrust and the labor market.

Corporate Governance

The system of formal and informal rules by which a company is governed. Corporate governance shapes more than just a given's company value - it dictates who controls the capital in the economy and so how this capital is being put the use. Corporate governance therefore affects and is affected by the degree of cronyism and rent-seeking in society.

Media

Effective media scrutiny can help mitigate many of the problems that lead to regulatory capture, by helping the polity to become informed and mobilized. But what are the conditions that create effective media scrutiny? And why do we observe so little of it in reality? “Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” Justice Louis D. Brandeis

Regulatory Capture

When regulation protects narrow interests – usually the interests of the incumbent industry – at the expense of the public interest. Capture occurs in various ways: from straightforward bribes and threats, to more implicit quid pro quos such as the lucrative future employment (revolving door), to softer forms of cognitive/cultural capture. “... as a rule, regulation is acquired by the industry and is designed and operated primarily for its benefit.” George Stigler - The Theory of Economic Regulation (1971)

Special interest groups

Special interest groups: Groups with preferences that differ from the preferences of the median voter. There is nothing wrong with special interests forming groups per se; the trouble starts when they disproportionally sway policy in their favor. “...the great enemy of democracy is monopoly, in all its forms: gigantic corporations, trade associations and other agencies for price control, trade-union… Effectively organized functional groups possess tremendous power for exploiting the community at large and even sabotaging the system.” Henry Calvert Simons - A Positive Program for Laissez Faire (1934)

Max Oversight Duties: How the Boeing Case Signifies a Shift in Corporate Law

Why did regulation, corporate governance, and fear of repetitional harm fail to prevent the Boeing 737 Max debacle from happening? A new...

Why Competition Alone Won’t Bring About a More Inclusive Digital Economy

The current reforms being debated in the US and Europe to tackle the challenges posed by tech giants tend to see more...

How Antitrust Can Better Regulate Thin Labor Markets

Thin markets, characterized by a small number of participants and low transaction volumes, create particular problems for antitrust enforcers. Hiba Hafiz explores...

How Practical Are Biden’s Proposals to Promote Labor Market Competition?

A new report from the Biden administration lays out ways to increase competition in US labor markets. Will they work?

The Economic Costs of Common Ownership

A new empirical study attempts to estimate the economy-wide welfare costs of common ownership. The authors find that they are large and...

Stigler Conversation: How the Chinese Government Thinks About Big Tech

A Stigler Center discussion between Ling Chen (Johns Hopkins) and Matt Sheehan (Carnegie Endowment for International Peace), moderated by Wall Street Journal...

Why Aligning Antitrust Policy With Sustainability is a Moral Imperative 

The looming ecological disaster means that it is time for competition researchers, policymakers, lawyers, and economists to devise competition policies that focus...

How to Prevent Big Tech From Hindering Pathbreaking Innovation in the Metaverse

The transition to the metaverse presents a technological paradigm shift akin to the shift from desktop computers to smartphones, but today’s dominant...

How the US Partisan Divide Shapes Global Capital Flows

A new empirical paper explores how partisan perception affects capital allocation beyond national borders, showing that the global investment practices of US...

The Consumer Welfare Standard and Antitrust Enforcement: a Response

Alden Abbott, former general counsel of the FTC, argues that, contrary to claims made in a recent ProMarket article, American competition is vibrant...

Latest news

Fear of Punishment Distorts Bank Financial Reporting

When bank employees are afraid of punishment from regulators, they are likely to conceal information about their faulty decisions. This in turn...

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...