The Role of the State

Perverse Incentives Have Ruined America’s Railroads

Thomas Malthouse explores the skewed financial models that lead American railroads to underinvest in maintenance and profitable expansion, producing delays, derailments, and environmental catastrophes such as those that occurred in East Palestine, Ohio, in 2023.

When Does Mandatory Price Disclosure Lower Prices?

In new research, Felix Montag, Alina Sagimuldina, and Christoph Winter study the impact of mandatory price disclosure (MPD) for sellers in the German retail fuel market to determine under what market conditions MPD can reduce prices for consumers.

The Korean Air-Asiana Airlines Merger Shows How Rational Actors May Produce Irrational Outcomes

Sangyun Lee reviews the 2021 merger between Korean Air and Asiana Airlines, which was promoted by the government despite warnings from the majority of experts deeming it obviously anticompetitive and harmful to consumers. He finds that the merger is a paragon of how, under institutional constraints, the rational choices of actors and organizations can collectively lead to irrational, suboptimal outcomes.

The NCAA Antitrust Lawsuits Will Not Pay Off for College Athletes Without a Permanent Players Association

Jake Goidell argues that the ongoing NCAA lawsuit settlements will not create a lasting solution unless athletes form a players association that is involved in determining industry-wide decisions.

Exxon’s Suit Against Its Own Shareholders Threatens Valuable Bargaining

Colleen Honigsberg and Robert J. Jackson, Jr. write that Exxon Mobil’s decision to sue its own investors over a shareholder proposal threatens to enervate an admittedly imperfect but ultimately valuable mechanism that provides shareholder feedback to corporate managers and helps both parties negotiate better governance outcomes.

Determination Committees Deciding on Credit Event Decisions Should Bolster Independence

Randy Priem reviews the current discussions about fortifying the independence of determination committees deciding whether a credit event took place for single-name credit default swaps. He offers several possible strategies.

Upgrading America’s Electricity Market Requires Downgrading Monopoly Utilities

Based on a new report from the Institute for Local Self-Reliance, John Farrell argues that the monopoly granted to private, investor-owned electric utilities by state governments is preventing the United States from accessing cheaper, cleaner, and more dependable electricity.

Federal Legislation, Not the NCAA Antitrust Settlements, Should Drive a New Model of College Sports

Diana Moss and Jason Gold write that the major private antitrust lawsuit involving how the National Collegiate Athletic Association governs compensation for college student athletes overreaches by remaking the model of college sports in the United States. Instead, the paradigm shift in college athletics should be deliberated and decided through the legislative process.

Four Strengths of the Government’s Lawsuit Against Live Nation-Ticketmaster: Part II

In part II of a two-part series, Michael A. Carrier analyzes the merits and strengths of the government’s recent lawsuit against Live Nation and its subsidiary, Ticketmaster, for monopolizing the live entertainment market. See here for part I.

The Government Has a Compelling Monopolization Lawsuit Against Live Nation-Ticketmaster: Part I

In part I of a two-part series, Michael A. Carrier outlines the evidence behind the government’s recent lawsuit against Live Nation and its subsidiary, Ticketmaster, for monopolizing the live entertainment market. Part II will come out tomorrow.

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