Commentary

Merger Guidelines: Taking on a Monopoly Crisis

Matt Stoller lays out the case for the new draft Merger Guidelines, arguing that they incorporate new lessons regarding technology and business practices, while also learning from past mistakes.

Steven Salop: Burdens of Proof and Presumptions in the Merger Guidelines

Steven Salop provides his round-two comments on the draft Merger Guidelines.

Eric Posner: The Role of Consumer Welfare in Merger Enforcement

Eric Posner provides his round-two comments on the draft Merger Guidelines.

Eleanor Fox: Tackling the Critics of the Draft Merger Guidelines

Eleanor Fox provides her round-two comments on the draft Merger Guidelines.

Carl Shapiro: How Would These Draft Guidelines Work in Practice?

Carl Shapiro provides his round-two comments on the draft Merger Guidelines.

Bilal Sayyed: The Draft Merger Guidelines Abandon the Persuasiveness of their Predecessors

Bilal Sayyed provides his round-one comments on the draft Merger Guidelines. To read more from the ProMarket Merger Guidelines Symposium, please...

Do Antitrust Enforcers Know They Induce Shrinkflation?

The United States has recently experienced shrinkflation. Many companies have downsized their products while keeping prices unchanged or even raising prices. Barak Orbach argues that misguided beliefs that failed antitrust policies enabled the decay of business morality have compromised the understanding of shrinkflation. The phenomenon typically arises when supply shocks or other factors inflate production costs in the economy and competitive pressures limit the ability of businesses to raise prices to pass on cost increases.

What Signal are the Draft Merger Guidelines Sending to Enforcers Elsewhere?

Cristina Caffarra discusses the animating principles and profound changes brought about by the new draft Merger Guidelines, and argues they will resonate with policy makers and enforcers in other jurisdictions.

Latest news

Why Have Uninsured Depositors Become De Facto Insured?

Due to a change in how the FDIC resolves failed banks, uninsured deposits have become de facto insured. Not only is this dangerous for risk in the banking system, it is not what Congress intends the FDIC to do, writes Michael Ohlrogge.

Merger Law Reaches Acquirer Incentives and Private Equity Strategies

Steven C. Salop argues that Section 7 of the Clayton Act prohibits mergers in which the acquiring firm’s unilateral incentives and business strategy are likely to lessen market competition.

Tim Wu Responds to Letter by Former Agency Chief Economists

Former special assistant to the president for technology and competition policy Tim Wu responds to the November 27 letter signed by former chief economists at the Federal Trade Commission and Justice Department Antitrust Division calling for a separation of the legal and economic analysis in the draft Merger Guidelines.

Can the Public Moderate Social Media?

ProMarket student editor Surya Gowda reviews the arguments made by Paul Gowder in his new book, The Networked Leviathan: For Democratic Platforms.

Uninhibited Campaign Donations Risks Creating Oligarchy

In new research, Valentino Larcinese and Alberto Parmigiani find that the 1986 Reagan tax cuts led to greater campaign spending from wealthy individuals, who benefited the most from this policy. The authors argue that a very permissive system of political finance, combined with the erosion of tax progressivity, created the conditions for the mutual reinforcement of economic and political disparities. The result was an inequality spiral hardly compatible with democratic ideals.

Did the Meme Stock Revolution Actually Change Anything?

Many financial commentators thought that the surge of retail investors participating in the stock market, the most notable of whom boosted “meme stocks” like GameStop, would democratize corporate governance and improve prosocial firm behavior, including the promotion of environmental, social, and governance (ESG) goals. In new research, Dhruv Aggarwal, Albert H. Choi, and Yoon-Ho Alex Lee find evidence that the exact opposite took place.

The Kroger-Albertsons Merger Will Not Help Grocery Competition

Kroger and Albertsons say they need to merge to compete with Walmart. Claire Kelloway argues that what they really want is Walmart’s monopsony power, and permitting mergers on these grounds will only harm suppliers, workers, and consumers.