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Commentary

An outlet for insiders to speak freely (as they remain anonymous to the reader) on what they perceive as problematic practices in their own industry – with an emphasis on how the industry tweaks the rules of the game and captures regulation.
“People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices. It is impossible indeed to prevent such meetings, by any law which either could be executed, or would be consistent with liberty and justice.” Adam Smith – An Inquiry into the Nature and Causes of the Wealth of Nations (1776)

Antitrust and Competition

Google Ad Tech Delivered an Important Victory for the Government Using a Flawed Tying Rule

Herbert Hovenkamp
Herbert Hovenkamp writes that the court presiding over the Google Ad Tech case gave the government an important win. However, by relying on the per se tying rule instead of rule of reason, the court perpetuated a flawed court precedent that can preclude serious market analysis for competitive harms.
Commentary

Can OpenAI Abandon Its Non-Profit “Purpose”?

Rose Chan Loui
Rose Chan Loui explains the current controversy surrounding OpenAI’s decision to abandon its nonprofit status. To learn more about OpenAI’s proposed restructuring, what it means for the race to develop artificial general intelligence, and how it highlights the tricky legal concept of a nonprofit’s “purpose,” listen to Chan Loui’s recent appearance on Capitalisn’t.
Antitrust and Competition

The Benefits of Platform Monopoly

Andrey Mir
Andrey Mir writes that antitrust scholarship and enforcement seeking to break up platform monopolies overlook the benefits that these platforms provide because they are monopolies. He says the community must keep this in mind as it seeks to alleviate harms that any monopoly incurs to the economy.
Antitrust and Competition

The Grassroots Revival of Anti-Monopoly Law Across America

Stacy Mitchell
Stacy Mitchell writes that the Neo-Brandeisian movement is as strong as ever. Despite its champions, Federal Trade Commission Chair Lina Khan and Assistant Attorney General Jonathan Kanter, exiting their posts, grassroots momentum is only growing. Today, it’s in state legislatures and attorneys general offices where the movement is now advancing—and where future antitrust policy is being shaped.
Antitrust and Competition

Threats to Competition Policy in the Second Trump Administration: Is Antitrust Enforcement Following Alice Down the Rabbit Hole?

Jonathan B. Baker
After the second Trump administration initially appeared to maintain significant continuity in antitrust enforcement, the president more recently thrust the agencies into turmoil. Those later actions create troubling risks to the economy and the rule of law, writes Jonathan B. Baker.
Commentary

What Is the Furor Behind Delaware SB 21?

Lawrence Cunningham
Lawrence A. Cunningham reviews the arguments over Delaware’s recently signed Senate Bill 21, which changes corporate governance law in the state in favor of corporate management, and discusses what developments may come next.
Antitrust and Competition

Trump May Change how the EU Thinks About Antitrust and Free Speech

Jan Polański
The new Trump administration has thrust antitrust’s role in protecting free speech into the spotlight. Jan Polański discusses how this development should inform the European Union’s own debates about antitrust and free speech.
Antitrust and Competition

Can Antitrust Remedy Big Tech Censorship?

Kaleb Byars
Kaleb Byars argues that while Big Tech censorship may constitute antitrust harm, without reform current law does not provide antitrust agencies or the courts a remedy.
Antitrust and Competition

Now Is the Time To Correct Residency Match and (Especially) Other Competition Issues in the Physician Market

Barak Richman
Barak Richman writes that the recently announced investigation of the House Judiciary subcommittee for antitrust into the residency match antitrust exemption presents an opportunity...
Commentary

Breaking Trust in the Government Will Not Be Efficient in the Long Run

Alan Jagolinzer
Alan D. Jagolinzer and Jacob N. Shapiro write that the new Trump administration’s efforts to improve government efficiency through the cancellation of contracts and other promises will inevitably raise costs as businesses and investors demand a risk premium to account for lost trust.
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ProMarket is dedicated to discussing how competition tends to be subverted by special interests. The posts represent the opinions of their writers, not necessarily those of the University of Chicago, the Booth School of Business, or its faculty. For more information, please visit ProMarket Policy.