Commentary

AI Is Coming for the Economic Consulting Industry

Artificial intelligence will change the market for economic consultants, likely reducing overall demand and shifting workers to current clients’ in-house units. However, both consulting firms and clients are still studying how to deploy AI, and there may yet be new opportunities for consultants as AI changes the broader economy, write Mona Birjandi and Mery Zadeh.

A Merger Between United and American Airlines Is Likely To Substantially Lessen Competition

Ratib Ali analyzes whether a merger between United and American Airlines would pass merger review according to the 2023 Merger Guidelines and finds that under multiple market definitions, it would substantially lessen competition.

Reverse Acquihires Reveal Antitrust’s Need To Update Its Conceptual Understanding of Hiring

Hannah Pittock argues that current analysis of reverse acquihires misses the core conceptual debate over antitrust’s antiquated treatment of hiring as benign vertical agreements between the laborers (the supplier) and employers (the buyer), in which labor is treated as one input among many.

The Antitrust Risks of Anthropic’s Project Glasswing and the ‘AI Avengers’

Anthropic has formed an exclusive artificial intelligence consortium to use its general purpose artificial intelligence model, Claude Mythos, to identify and fix vulnerabilities in critical internet and digital infrastructure. Madhavi Singh warns this consortium, called Project Glasswing, could contravene antitrust law and argues for regulatory oversight to ensure that it does not become a front for an illegal cartel.

How the Professionalization of College Sports Changed Who Wins

The House v. NCAA private antitrust settlement professionalized collegiate sports by requiring colleges and universities to compensate student athletes. The case has changed the economics of college sports, pushing schools to spend big to pay for top athletes to field teams that compete for championships. New research from the Progressive Policy Institute finds that although the new model has narrowed success to the top programs, the ability for schools to pay for success has now been mostly priced in, writes Diana L. Moss.

Market Failure, Not Technology, Is Slowing the Green Transition

The green transition is faltering in both advanced and developing economies. While politics and market risk is stalling private investment in clean energy in advanced economies, an imbalanced global value chain is preventing investment in clean energy in developing countries, write Piergiuseppe Fortunato and Verena Hitner Barros.

Chinese Car Exports to the EU Exemplify the Role of Data and IP in Trade Relations

Chinese automotive manufacturers gain a competitive edge through laxer rules governing personal data protection and intellectual property. Oscar Borgogno and Giovanni Veronese argue that ensuring effective compliance with European law could help European manufacturers re-establish a level playing field while upholding EU constitutional values.

India’s AI Market Regulation Risks Falling on Dated Ideas

India is working on legislating new competition rules to govern artificial intelligence and other tech markets. But recommendations from a recent report by the Competition Commission of India suggest it might revert to old competition standards that will likely prove ineffectual in governing the new AI market, writes Abhineet Nayyar.

China’s New “Safe Harbor” Antitrust Rules Offer Less Safety Than Suggested

China’s new safe harbor rules for vertical dealing, including practices like resale price maintenance hitherto presumed generally anticompetitive, are less accommodating than they may seem, writes Yin Hu.

The Warner Bros. Discovery Bidding War Shows Antitrust Enforcement Still Works

Antitrust agencies were right to suspect that Netflix’s bid for Warner Bros. Discovery would have harmed consumers, content creators, and rival streaming platforms. They needed the consumer welfare standard to show how, writes Sean D. Reyes.

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