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Europe Needs First A Consolidated Internal Market. Business Consolidation May Follow

Xavier Vives argues that to create firms that can compete on the international level, the European Union does not need to ease its merger regime or encourage market power. Rather, encouraging European market integration will allow firms to draw in investment and scale up their operations.

Revisiting “The Winner’s Curse” and the Enduring Anomalies of Human Behavior

Matt Lucky reviews Nobel Laureate Richard Thaler and Alex Imas’ newly updated book “The Winner’s Curse: Behavioral Economics Anomalies Then and Now,” now out at Simon & Schuster.

The Political Instrumentalization of Competition and Antitrust Enforcement

Ariel Ezrachi warns about the rising trend of political instrumentalization of antitrust and competition enforcement and its consequences.

A Pro-Market Framework for Driving Decarbonization: Part II

Corporate decarbonization policy has stagnated under ideological divisions. Arguing that anthropogenic emissions are driven by customer preferences and that such preferences can shift with improved information, Karthik Ramanna advocates for a new approach: an economy-wide system of reliable and comparable accounts of the embedded emissions in products to allow customers (and investors) to make more-informed decisions aligned with underlying preferences. In part II of his two-part series (read part I here), Ramanna explores the principles of an accounting methodology to provide better greenhouse gas emissions data to business customers and consumers and the reasons why, based on historical precedent, such a system is readily adoptable and likely to prove effective. 

A Pro-Market Framework for Driving Decarbonization: Part I

Corporate decarbonization policy has stagnated under ideological divisions. Arguing that anthropogenic emissions are driven by customer preferences and that such preferences can shift with improved information, Karthik Ramanna advocates for a new approach: an economy-wide system of reliable and comparable accounts of the embedded emissions in products to allow customers (and investors) to make better-informed decisions aligned with underlying preferences. In the first of two articles, Ramanna discusses why top-down regulatory approaches to reduce greenhouse gas emissions have failed to generate decarbonization at meaningful scales and the virtues of a pro-market approach to incentivizing and enabling greener corporate and consumer behavior.

Resisting the Politicization of Antitrust and Regulation

Diana L. Moss reviews the increasing politicization of antitrust and regulation in the United States and what avenues are available to resist the corruption of due process and usurpation of the rule of law.

Fair and Efficient Data-Sharing From Google Requires a More Advanced Regulatory Approach

Drawing on her working paper, Giovanna Massarotto discusses three algorithmic approaches to how Google can fairly and efficiently share its data with rivals per the requirements of a court’s mandated remedy for illegally monopolizing the online search market.

Market Power Shifts Tariff Costs to Suppliers

Many studies have assumed that United States tariff costs are passed onto consumers. In new research, Vanessa Alviarez, Michele Fioretti, Ken Kikkawa, and Monica Morlacco argue that buyer-seller relationship dynamics allow dominant U.S. importers to instead force higher costs onto exporters.

How the Law Protects and Promotes Corporate Misconduct

Corporate crimes like fraud continue unabated in the United States. Jennifer Taub defines a chief reason as “accountability theater,” or the propensity of government prosecutors to pursue out-of-court civil settlements rather than criminal trials that, though they might lose them, would publicize the extent of corporate misconduct and better deter future abuse.

A Voluntary AI Rating System Can Balance Innovation and Consumer Protection

States are beginning to impose idiosyncratic rules on artificial intelligence chatbots and other offerings in response to harms to consumers. Rather than create a...

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