Antitrust and Competition

Merger Review Should Incorporate a Role for Unions

Eric A. Posner argues that merger review would benefit from involving union representatives to protect labor interests.

The Legality of the FTC’s Noncompete Ban Is Less Certain Than Masur and Posner Suggest

Gus Hurwitz replies to Jonathan Masur and Eric Posner’s May 8 article defending the Federal Trade Commission’s Congressional mandate to enforce a rule banning noncompetes. He argues that Congressional responses to FTC rulemaking in the 1970s suggest courts are unlikely to find that the FTC possesses such authority, either as a matter of statutory interpretation or under the major questions doctrine.

What Is Bold, Old, and Necessary about the DOJ’s Lawsuit Against Live Nation-Ticketmaster

Drawing on their research, John Kwoka and Tommaso Valletti refute criticisms of the Department of Justice’s lawsuit to break up Live Nation-Ticketmaster that argue such actions irreparably ruin the operations of the constituent firms. The authors highlight the many examples of successful breakups and conclude that only a breakup will now repair the market for live entertainment.

Competition, Not Consolidation, Is the Key to a Resilient and Innovative Europe

Max von Thun writes that Enrico Letta, Mario Draghi, and Emmanuel Macron are right in demanding a new economic vision for the European Union. However, they are wrong to advocate for corporate consolidation as part of the solution. The EU must pursue competition rather than consolidation if it is to create a robust political economy that can take back power from corporate behemoths, deliver growth and jobs to European citizens, and guarantee the future of the European project.

The Quest for Next: Keynote Transcript

The following is a transcript of Randy Picker's conversation with Tim Wu on how antitrust shaped competition and innovation in computers and chips, held at the 2024 Stigler Center Antitrust and Competition Conference.

Assessing India’s Ex-Ante Framework for Competition in Digital Markets

Vikas Kathuria evaluates India’s new ex-ante framework to regulate digital markets. He assesses its divergences from Europe’s archetypal Digital Markets Act and the characteristics of India’s political economy that explain these differences.

The Proper Role of Economics in Merger Review: Transcript

The following is a transcript of Eric Posner and Carl Shapiro's debate on the proper role of economics in merger review at the 2024 Stigler Center Antitrust and Competition Conference.

Dinner Keynote with Jonathan Kanter and Lina Khan: Transcript

The following is a transcript of Guy Rolnik's conversation with Assistant Attorney General Jonathan Kanter and Chair Lina Khan at the 2024 Stigler Center Antitrust and Competition Conference.

Billionaire Blockholders Are Stifling Competition in Corporate America

Much of the focus of recent antitrust scrutiny has been on companies, with very little attention paid to the motivations of the individual managers setting the anticompetitive strategies of their enterprises. Understanding the concrete personal incentives of the billionaire blockholders entrenched at the helm of most of America’s incumbent corporations is critical to devising effective competition, corporate governance, and tax policy fixes to tackle harmful market concentration at the root.

Lower Antitrust Enforcement Reduces Venture Capital Investment and Startup Innovation

In new research, Wentian Zhang finds that a reduction in antitrust enforcement causes venture capitalists to significantly decrease their investments in startups, leading to fewer startups going public and diminished innovation.

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