Commentary

Don’t Dismantle America’s Audit Regulator—It’s a Strategic Asset Against China

Congress is considering eliminating the Public Company Accounting Oversight Board, the independent federal agency that “audits the auditors.” Karthik Ramanna and Nemit Shroff write...

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for merger activity among television broadcasters, who have similarly argued that the regulators and courts use outdated market definitions to block consolidation.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.

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.

Antitrust Should Be a Tool for Creating Abundance

In the wake of Democrats’ losses in 2024, progressives should focus on how antitrust can support a lower cost of living and increase consumer access to essential goods and services, writes Diana Moss.

The Deafening Silence of Big Business in Washington

Wendy Li writes that business leaders must rediscover past unity and put pressure on politicians to defend against President Donald Trump’s attacks on businesses and civil society and prevent democratic backsliding.

OpenAI Abandons Move to For-Profit Status After Backlash. Now What?

After public backlash, OpenAI has abandoned plans to restructure to remove control by its nonprofit entity. ProMarket reviews the history of OpenAI’s internal tensions to pursue profits over its founding purpose, artificial intelligence for the benefit of humanity, and what questions remain after the firm’s retreat.

The FTC Is Threatening Free Speech

Aaron Edlin and Carl Shapiro respond to Federal Trade Commission Chair Andrew Ferguson’s keynote speech at the 2025 Stigler Center antitrust and competition conference, in which he lays out his approach to regulating the content moderation policies of the major social media platforms. They explain why Ferguson’s approach threatens the exercise of free speech, is inconsistent with antitrust law, and politicizes the agency.

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

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.

Can OpenAI Abandon Its Non-Profit “Purpose”?

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.

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