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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)

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Stigler Center News

Antitrust and Competition

Antitrust for the Platform Economy

Friso Bostoen
Friso Bostoen’s new book, Abuse of Platform Power: Leveraging Conduct in Digital Markets under EU Competition Law and Beyond, outlines how antitrust agencies and policymakers should tackle market power in the platform economy. The following is an adaptation of the book’s introduction.
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Antitrust and Competition

Steven Salop and Jennifer Sturiale: Vertical Merger Enforcement in the Draft Merger Guidelines

Steven Salop, Jennifer Sturiale
Steven Salop and Jennifer Sturiale provide their round-one comments on the draft Merger Guidelines.
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Antitrust and Competition

Labor Markets Are the New Frontier for Competition Policy

Satoshi Araki, Andrea Bassanini, Andrew Green, Luca Marcolin, Cristina Volpin
Do labor markets in Europe or the United States and Canada experience more monopsony power? In a new paper published in the University of Chicago Law Review, Satoshi Araki, Andrea Bassanini, Andrew Green, Luca Marcolin, and Cristina Volpin provide comparisons of monopsony power between the two regions, documenting similar levels of concentration across labor markets despite generally stronger protections in Europe. They also discuss the effects of such concentration on employment and wages, ending with potential regulatory reforms to address these issues.
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Antitrust and Competition

Herbert Hovenkamp: Competitive Harm and the 2023 Draft Merger Guidelines

Herbert Hovenkamp
Herbert Hovenkamp provides his round-one comments on the draft Merger Guidelines.
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Economic History

History Suggests Economists Need To Think Precisely About Populism

Alan de Bromhead, Kevin O'Rourke
Economists have become increasingly interested in questions about populism over the last decade and particularly since Brexit and the election of American President Donald Trump. However, the definition of populism remains contested. Alan de Bromhead and Kevin O’Rourke argue that economists need a better understanding of populism’s history and its variegated goals when ascribing specific characteristics and behaviors to populists and their movements.
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Antitrust and Competition

Announcing the ProMarket Merger Guidelines Symposium

ProMarket writers
In two rounds, 12 antitrust experts will provide their comments on the draft Merger Guidelines and respond to each other's comments.
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Antitrust and Competition

The Revised US Merger Guidelines Adopt the Future Markets Model

Lawrence B. Landman
Since 1993 the American enforcers have claimed that they can directly protect firms’ competition to innovate. And the European Commission, which at first acknowledged that it protected competition in Future Markets, markets for products which do not exist yet, later claimed that it too can directly protect firms’ competition to innovate. In their new Revised Merger Guidelines the American enforcers now not only acknowledge that they protect competition in Future Markets, but say that they will do so aggressively. And since the Americans acknowledge that they protect competition in Future Markets the Europeans should do so as well—again.
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Regulation

Next-Generation Antitrust Policy in an AI-Driven World

Simonetta Vezzoso
Simonetta Vezzoso weighs in on the policy debate on algorithmic competition.
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Money in Politics

Family Ties as Corporate Power

Pablo Balán
Pablo Balán explains that family ties provide firms with an edge in collective action that enables them to be politically active through campaign donations, to engage in financial rent-seeking by obtaining subsidized state credit, and to bypass regulation seeking to curtail the influence of business by substituting individual contributions for corporate contributions. Scholars and advocates can benefit from a deeper understanding of organizational constraints to programmatic reform.
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Development

What happens to competition when fewer startups go public?

Walter Frick
In a recent paper on “The Great Startup Sellout,” Bruno Pellegrino of Columbia University and a Stigler Center affiliate fellow, and Florian Ederer of Boston University, study how the changing life cycle of startups is affecting competition in the US economy. They conclude that the companies acquiring startups have become more and more insulated from competition.
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Antitrust and Competition

Revising Guideline 6 With Evidence To Establish a Structural Inference for Input Foreclosure

Steven Salop
Vertical merger law lacks the structural presumption of horizontal merger law, which shifts the burden from the government to the merging parties to provide evidence that a merger will not produce anticompetitive effects when it is known that the merger will substantially increase market concentration. To improve Guideline 6 of the draft Merger Guidelines concerning vertical foreclosure, Steven Salop develops a three-factor criteria with which the government antitrust agencies can show an analogous structural “inference” that shifts the burden of evidence to the merging parties.
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Antitrust and Competition

How US Antitrust Enforcement Against Xerox Promoted Innovation by Japanese Competitors

Robin Mamrak
Xerox invented modern copier technology and was so successful that its brand name became a verb. In 1972, U.S. antitrust authorities charged Xerox with monopolization and eventually ordered the licensing of all its copier-related patents. As new research by Robin Mamrak shows, this antitrust intervention promoted subsequent innovation in the copier industry, but only among Japanese competitors. Nevertheless, their innovations benefited U.S. consumers.
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Antitrust and Competition

Revising the Merger Guidelines To Return Antitrust to a Sound Economic and Legal Foundation

John Kwoka
The draft Merger Guidelines largely replace the consumer welfare standard of the Chicago School with the lessening of competition principle found in the 1914 Clayton Act. This shift would enable the Federal Trade Commission and Department of Justice Antitrust Division to utilize the full extent of modern economics to respond to rising concentration and its harmful effects, writes John Kwoka.
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Economic History

How Anthony Downs’s Analysis Explains Rational Voters’ Preferences for Populism

Cyril Hédoin, Alexandre Chirat
In new research, Cyril Hédoin and Alexandre Chirat use the rational-choice theory of economist Anthony Downs to explain how populism rationally arises to challenge established institutions of liberal democracy.
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Antitrust and Competition

The Impact of Large Institutional Investors on Innovation Is Not as Positive as One Might Expect

Bing Guo, Dennis C. Hutschenreiter, David Pérez-Castrillo, Anna Toldrà-Simats
In a new paper, Bing Guo, Dennis C. Hutschenreiter, David Pérez-Castrillo, and Anna Toldrà-Simats study how large institutional investors impact firm innovation. The authors find that large institutional investors encourage internal research and development but discourage firm acquisitions that would add patents and knowledge to their firms’ portfolios, hampering overall innovation.
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Antitrust and Competition

The FTC Needs To Focus Arguments on Technological Transitions After High-Profile Losses

Joshua Gray, Cristian Santesteban
Joshua Gray and Cristian Santesteban argue that the Federal Trade Commission's focus in Meta-Within and Microsoft-Activision on narrow markets like VR fitness apps and consoles missed the boat on the real competition issue: the threat to future competition in nascent markets like VR platforms and cloud gaming.
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Commentary

We Need Better Research on the Relationship Between Market Power and Productivity in the Hospital Industry

David Ennis
Antitrust debates have largely ignored questions about the relationship between market power and productivity, and scholars have provided little guidance on the issue due to data limitations. However, data is plentiful on the hospital industry for both market power and operating costs and productivity, and researchers need to take advantage, writes David Ennis.
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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.

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