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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

The FTC Noncompete Ban Is Legal

Jonathan Masur
Jonathan Masur and Eric Posner argue that the Federal Trade Commissions’ recent ban on noncompete clauses is lawful under the plain language of the Federal Trade Commission Act, longstanding court precedent, and well-established administrative law principles.
Antitrust and Competition

Are Letta, Macron and Draghi Marking the End of Neoliberalism in Europe?

Cristina Caffarra
Recent contributions from Enrico Letta, Mario Draghi, and Emmanuel Macron are exposing however deep concerns that the European project is floundering. Cristina Caffarra writes that Letta, Draghi and Macron are collectively making an urgent call to tackle the reality of a “divided bloc” that has lost ground, rethink industrial policy, public good investments and reformulate traditional trade-offs. Explicitly acknowledging the end of the neoliberal vision that still occupies many European institutions (from antitrust to trade to industrial policy) will be important to “join the dots” and make the trade-offs clearer.
Commentary

Mike Jensen on CEO Pay

Kevin J. Murphy
Kevin Murphy reflects on his seminal work with the late Michael Jensen, reassessing their influential findings on CEO compensation in light of the dramatic changes in executive pay practices and market conditions since the 1990s. In this piece, Murphy shares the journey of their research collaboration, the challenges they faced, and the evolution of their thoughts on executive compensation.
Commentary

The Political Economy of Populism in Germany

Knut Bergmann
Knut Bergmann and Matthias Diermeier discuss the economic origins and developments of Germany’s right-wing Alternative for Germany party and how the party’s rise reflects, in part, voters’ concerns that mainstream parties are failing to protect the future of Germany’s vibrant manufacturing sector.
Antitrust and Competition

What Is the Role of Efficiency in Merger Review?

Luis Braido
Luis Braido builds on Eric Posner and Carl Shapiro’s debate about the role of economics in merger review by further exploring the tension between efficiency and consumer welfare. He argues that efficiency merits endorsement as it boosts productivity, wealth, and social welfare. Nevertheless, he acknowledges that the law favors competition and consumer welfare over efficiency. From his perspective, enlarging the range of remedies available in merger review is central for protecting productivity gains while preserving competition and compensating consumers for adverse impacts.
Commentary

Mandatory Central Clearing Is Not the Solution to Risk From Single-Name Credit Default Swaps

Randy Priem
Single-name credit default swaps help investors manage risk, but the 2023 financial crisis showed how these opaque derivatives can suddenly throw financial markets into turmoil. Randy Priem argues that mandatory central clearing, which some authorities have suggested as a solution to managing this risk, is not the holy grail solution they believe it to be.
Commentary

The State of the $2 Trillion Local Government Checkbook

Christopher Berry
Local governments in the United States spend trillions of dollars each year delivering essential services and infrastructure, with enormous implications for our economy and quality of life. Chris Berry and Justin Marlowe examine the links between municipal governance structures and fiscal outcomes, revealing the state of municipal finances today.
Commentary

The Political Economy of Populism in India

Louise Tillin
Louise Tillin explores the sources of populism in India, its recent developments, and what this means for the country’s 2024 general election, which begins April 19 and ends June 1.
Antitrust and Competition

The Case For Why the Department of Justice Should Break Up Live Nation-Ticketmaster

Diana L. Moss
The Department of Justice is rumored to be planning to sue Live Nation-Ticketmaster for monopolizing markets for live events. Diana L. Moss explores what potential remedies the government might pursue to address competitive harms in markets such as ticketing for concert venues and sports arenas, and ticket resale, including the viability of breaking up the company.
Antitrust and Competition

Do Revenue Management Platforms Like RealPage Facilitate Illegal Algorithmic Collusion?

Barak Orbach
A growing number of companies offer artificial intelligence-powered revenue management platforms, which leverage big data and sensitive business information from multiple firms to optimize pricing, output, and other operational decisions for their clients. Over the past 18 months, dozens of antitrust lawsuits have alleged that such platforms facilitate price-fixing among rivals. Barak Orbach explores the strength of the allegations and the antitrust implications of such revenue management platforms.
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The publication of the Stigler Center at The University of Chicago Booth School of Business

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.