The Role of the State

Free Speech Protections Boost Innovation

Firms may file a strategic lawsuit against public participation (SLAPP) against civil society to silence criticism for socially harmful activity, such as the use of dirty technologies. In new research, Swarnodeep Homroy finds that legal protections for free speech push firms to address some of these criticisms by developing new technologies.

Federal Agency Independence Is in Jeopardy. Right When It Has Started to Matter

In new research, Cree Jones, Tyler B. Lindley, and Thomas Smith investigate how restrictions on the president to remove independent agency officials affect agency behavior. Such restrictions have historically had surprisingly little effect. However, recent political polarization has drastically increased the importance of removal restrictions in blocking political influence.

Chinese Car Exports to the EU Exemplify the Role of Data and IP in Trade Relations

Chinese automotive manufacturers gain a competitive edge through laxer rules governing personal data protection and intellectual property. Oscar Borgogno and Giovanni Veronese argue that ensuring effective compliance with European law could help European manufacturers re-establish a level playing field while upholding EU constitutional values.

Can AI Catch Cartels Across Borders?

In new research, Yoan Hermstrüwer and David Imhof analyze how AI can help antitrust authorities predict cartels by assessing international bidding data in countries with similar legal and market structures.

A New Firearms Tax Design Could Reduce Homicides Without Costing Gun Owners

In new research, Luis Armona and Adam Rosenberg argue that current state firearm excise taxes inadequately address gun-related crimes. They propose a tax that benefits society by targeting guns responsible for the most homicides, while accommodating the challenging political economy of firearms regulation in the United States.

India’s AI Market Regulation Risks Falling on Dated Ideas

India is working on legislating new competition rules to govern artificial intelligence and other tech markets. But recommendations from a recent report by the Competition Commission of India suggest it might revert to old competition standards that will likely prove ineffectual in governing the new AI market, writes Abhineet Nayyar.

China’s New “Safe Harbor” Antitrust Rules Offer Less Safety Than Suggested

China’s new safe harbor rules for vertical dealing, including practices like resale price maintenance hitherto presumed generally anticompetitive, are less accommodating than they may seem, writes Yin Hu.

The Shortcomings of Merger Policy Based on the Herfindahl-Hirschman Index

In new research, Eric Dunaway, Ana Espinola-Arredondo, and Felix Munoz-Garcia examine the Herfindahl-Hirschman Index (HHI) as a tool for merger review and show where it diverges from the consumer-surplus and total-welfare standards. In particular, the HHI fails to account for potential efficiency gains.

The Warner Bros. Discovery Bidding War Shows Antitrust Enforcement Still Works

Antitrust agencies were right to suspect that Netflix’s bid for Warner Bros. Discovery would have harmed consumers, content creators, and rival streaming platforms. They needed the consumer welfare standard to show how, writes Sean D. Reyes.

How Competition Has Increased Fraud in Medicare’s DME Program

In new research, Renuka Diwan, Paul Eliason, Riley League, Ryan C. McDevitt, James W. Roberts, and Jetson Leder-Luis investigate how Medicare’s shift to a competitive bidding system to reduce prices has inadvertently shifted market share to fraudulent suppliers.

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