Antitrust and Competition

Antitrust, Big Tech, and the Financial Markets Blind Spot 

In new research, Anik Bhaduri discusses how current antitrust enforcement is insufficient to address the economic influence of Big Tech companies. He argues that their market power stems from their privileged position on financial markets and their unique organizational structures, and antitrust reforms should therefore be complemented with reforms to corporate and securities law to effectively address the concentration of private power.

How To Enforce the Robinson-Patman Act Without Reinventing Its Intent

The antitrust agencies’ revival of the Robinson-Patman Act risks undercutting legitimate business practices that benefit consumers. However, there is a role the Act can play in protecting small businesses, writes Darren Tucker.

The Pharmaceutical Benefits Manager Settlements Are a Novel Advance for the FTC and Competition Enforcement

In February, the Federal Trade Commission settled with pharmaceutical benefits manager (PBM) Express Scripts. The FTC had sued Express Scripts and two other large PBMs under the long dormant Section 5 of the FTC Act, which targets “unfair methods of competition.” The settlement suggests that the FTC may succeed in addressing the convoluted contracts between PBMs, drug manufacturers, health insurers, and employers that drive up drug prices for Americans. It also opens unchartered territory for antitrust enforcement and the limits of Section 5, argue Fiona Scott Morton and Mariah Smith.

The DMA’s Google Maps Experiment Shows That Competition Is Not One Click Away

In new research, Louis Pape and Michelangelo Rossi find that the European Union’s Digital Markets Act’s prohibition on self-preferencing had little effect on the popularity of Google Maps relative to competitors. User preference for the incumbent service appears to outweigh frictional barriers to access.

If Elon Musk Wants To Compete With Anthropic, He Should Build Rather Than Buy

Artificial intelligence coding agents provide enormous value to consumers for very low fees. But the market is quickly shrinking with Anthropic in the lead. Only competition, and requiring Big Tech to build agents rather than buy them, will continue to let AI’s value flow to consumers. As such, the courts should ban SpaceX’s recently proposed acquisition of Cursor, writes Ketan Ahuja.

The TikTok Ban Was a Model for Digital Competition Policy

Victor Jiawei Zhang revisits the 2025 United States ban on TikTok and explores how it represented a case study of how the government led users to act collectively to override network effects and introduce competition to the digital market. The case study highlights research from his new article, “Digital Antitrust Collectivism,” where he explores the possibility that users’ collective power can invigorate digital market competition.

Your 401(k) Is Propping Up the AI Bubble

Americans’ retirement savings are disproportionately tied to the dozen Big Tech firms that now dominate the S&P. This makes any intervention into regulating Big Tech that risks devaluing them politically difficult, writes Hera Hyeonseo Lee.

A Merger Between United and American Airlines Is Likely To Substantially Lessen Competition

Ratib Ali analyzes whether a merger between United and American Airlines would pass merger review according to the 2023 Merger Guidelines and finds that under multiple market definitions, it would substantially lessen competition.

Reverse Acquihires Reveal Antitrust’s Need To Update Its Conceptual Understanding of Hiring

Hannah Pittock argues that current analysis of reverse acquihires misses the core conceptual debate over antitrust’s antiquated treatment of hiring as benign vertical agreements between the laborers (the supplier) and employers (the buyer), in which labor is treated as one input among many.

Concerns Over Killer Acquisitions Are Redrawing the Boundaries of EU Merger Control and Its Political Economy Underpinnings

The European Union and its member states are quickly updating merger rules to address killer acquisitions and the economics of digital platforms. In a new article published in the Antitrust Law Journal, Anna Tzanaki explores how these endeavors challenge the institutional design of EU merger control and how this design can evolve to tackle new economic and geopolitical problems without forfeiting founding legal principles.

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