Antitrust and Competition

Has Antitrust Returned to the “Domain of Law”?

Allen Grunes comments on the core continuity in antitrust enforcement between the Biden and second Trump administrations. He argues that the continuity reflects, in Zephyr Teachout’s words, the “homecoming” of antitrust to the “domain of law.” The following is a revised version of remarks Grunes delivered at the Loyola Antitrust Colloquium in April.

It’s Time To Imagine Chrome Without Google

Karina Montoya reflects on the end of the remedies phase of the Department of Justice’s case against Google for monopolizing the online search market. She argues that Google’s warnings against divestiture of its browser, Chrome, fall short and that a breakup will benefit the security of the internet, innovation, and users.

How Corporations Can Block Abundance

As Americans struggle with an increasing cost of living, a new poll suggests that the public prefers leaders who create prosperity by taking on concentrated corporate power over those who focus on removing government barriers. Jennifer Howard argues that this reflects a growing recognition that corporations block abundance because they profit from artificial scarcity. She describes how businesses consolidate and then engineer limits to extract wealth. She writes that to achieve shared abundance we have to confront corporate power.

What the FTC v Meta Case Teaches About Big Tech Harms

Georgios Petropoulos, Geoffrey Parker and Marshall Van Alstyne review what the Meta antitrust case reveals about its merger and acquisition strategy and what lessons...

Data Suggests Not All Industrial Policy Sacrifices Competition by Design

In new research, Petros Boulieris, Bruno Carballa-Smichowski, Maria Niki Fourka and Ioannis Lianos analyze industrial policy from around the world to understand how policymakers are rethinking policy goals. The authors create a set of metrics to measure how different policy orientations improve or sacrifice competition.

Collective Action and the Lawyers—Take Antitrust Off the Table

Eleanor Fox argues that the leading law firms should have immediately and collectively resisted President Donald Trump’s attacks. Strong, timely collective resistance may have helped staunch democratic backsliding and prevented normalization of repeated, speech-chilling demands. Doing so, however, the firms would have faced the risk of violating the antitrust laws. This article assesses antitrust’s treatment of political action and argues that the space for protected political action needs to be enlarged.

A Win for Meta Could Open the Television Broadcasting Market to Consolidation

Joseph Price writes that how the court in the Meta antitrust case determines the relevant product market may have implications for merger activity among television broadcasters, who have similarly argued that the regulators and courts use outdated market definitions to block consolidation.

We Must Avoid Killer Acquisitions at the Birth of AI

The artificial intelligence market is rapidly developing but antitrust regulators are failing to update their policies, write Tennessee Attorney General and Reporter Jonathan Skrmetti and Kevin Frazier. Regulators’ passiveness risks repeating what happened to social media markets, where a few tech giants were able to acquire nascent competitors and dominate the market. The authors propose three policies to help maintain a competitive AI market.

Is Private Equity’s Involvement in Healthcare Really Harmful?

Anthony T. LoSasso, Ge Bai, and Lawton Robert Burns argue that critics of private equity’s involvement in healthcare ignore that it is often the only financial lifeline available to distressed healthcare providers and can introduce an improvement in outcomes, including quality of care.

How Private Equity Hurts the Healthcare Workforce

Theodosia Stavroulaki reviews how the involvement of private equity in American healthcare leads to, among other negative outcomes, burnout and stress among healthcare workers, particularly physicians. She writes that the consequences could cripple America’s healthcare system.

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