Commentary

Trinko Creep

Verizon Communications Inc. v. Trinko departed from the legal principles regulating refusals to deal under Section 2 of the Sherman Act. The 2004 Supreme Court opinion also embedded an ideological preference for non-intervention that has spread to other areas of antitrust law, eroding its ability to deter anticompetitive conduct. On its own terms, however, there are opportunities to distinguish and constrain Trinko, writes Andrew I. Gavil.

Australian PwC Scandal Reeks of Regulatory Capture

Accounting firm Price Waterhouse Cooper was recently forced to sell its government consulting business after using privileged information to help firms evade taxes. Richard Holden examines the scandal and explains why the response from the Australian Tax Office points to regulatory capture by the big 4 accounting firms.

The European Commission Finds, not Innovation Spaces, but Future Markets

Without saying how, FTC Commissioner Slaughter says competition authorities should do more than just protect competition in pipeline products; they should protect broader competition...

Stop Blaming Short Sellers for the Banking Crisis

To what degree did banks’ equity price declines trigger deposit withdrawals at recently failed banks? To what degree did the withdrawals trigger declining bank equity prices? Hamid Mehran and Chester Spatt note that in either case, short-selling is not to blame and is, in fact, an essential part of a well-functioning market.

The Neo-Brandeisians Are Wrong About Greedflation

Some progressive politicians and advocates have argued that lax antitrust policies enabled the inflation surge that began in 2021 and that aggressive antitrust enforcement is crucial to combatting inflation. These assertions are misguided and misleading. Similar greedflation theories emerged during previous inflation spikes, but their promotion this time has proven counterproductive. The allure of trustbusting ideas, it seems, is starting to wane.

What Can Policymakers Do About Algorithmic Collusion and Discrimination?

Maurice Stucke explains three policy approaches to algorithmic collusion and discrimination, and makes the case for a broader ecosystem approach that addresses not only the shortcomings of current antitrust law and merger review, but extends beyond them for a comprehensive policy response to the many risks associated with artificial intelligence.

The US Has A Budgeting Problem…Not Exactly A Debt Ceiling Issue

Kurt Davis Jr. argues that the U.S. Congress should consider switching from a federal debt ceiling as a nominal value to one fixed as a percentage of GDP. This debt ceiling should, on the one hand, be high enough that the government cannot reasonably cross it, but punitive enough that it disincentivizes profligate spending. This will save the U.S. from the annual political theater that occurs around debt ceiling talks and focus the discussion on the federal budget (and potentially taking revenue and spending decisions to actually control the deficit).

Zero Rating Is The Free Sample In The Internet Ice Cream Store

Why ban competitive offers in the online world when they’re allowed offline? Big tech wants plain vanilla broadband pricing because it forecloses platform competition.

Address Algorithmic Collusion with Compliance by Design

Daryl Lim explains that while there is some evidence that pricing algorithms facilitate collusion, there are reasons to be skeptical of their effectiveness. Lim advocates for compliance by design: firms should create algorithms that don’t collude on price, comply with reporting their algorithms transparently, and know that they will be held responsible for the actions the algorithm takes.

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