Antitrust and Competition

The Neo-Brandeisians Are Wrong About Greedflation

Some progressive politicians and advocates have argued that lax antitrust policies enabled the inflation surge that began in 2021 and that aggressive antitrust enforcement is crucial to combatting inflation. These assertions are misguided and misleading. Similar greedflation theories emerged during previous inflation spikes, but their promotion this time has proven counterproductive. The allure of trustbusting ideas, it seems, is starting to wane.

A Conversation with Judges Frank Easterbook and Diane Wood

The Stigler Center for the Study of the Economy and the State hosted its annual antitrust and competition conference in late April. The following is a transcript of the Judges Frank Easterbrook and Diane Wood's keynote conversation with Stigler Center Fellow Filippo Lancieri.

Closing the Gap in Merger Enforcement

Most mergers in industries with only a handful of competitors are anticompetitive, so why don’t we block them? The fix is to use a structural presumption to lower the burden for regulators.

Address Algorithmic Collusion with Compliance by Design

Daryl Lim explains that while there is some evidence that pricing algorithms facilitate collusion, there are reasons to be skeptical of their effectiveness. Lim advocates for compliance by design: firms should create algorithms that don’t collude on price, comply with reporting their algorithms transparently, and know that they will be held responsible for the actions the algorithm takes.

A Conversation with Nobel Laureate Oliver Hart

The Stigler Center for the Study of the Economy and the State hosted its annual antitrust and competition conference in late April. The following is a transcript of Nobel Laureate Oliver Hart's interview with ProMarket Managing Editor Brooke Fox.

Illumina/Grail: Using the Future Markets Model To Ask the Right Question

Grail and its competitors are developing tests which will save perhaps millions of lives. They will detect many different types of cancer very early—if they ever exist. All these tests need Illumina’s instruments. The FTC, reversing an administrative law judge, said Illumina could not buy Grail. If it did, the FTC said, it would not let Grail’s competitors use its instruments. Illumina has appealed, saying, among other things, that since the tests do not exist there is, for antitrust purposes, currently no market.  Yet while the tests may or may not exist in the future the Fifth Circuit has to decide this case now.

Can Computational Tools Revitalize Antitrust Enforcement?

Companies increasingly use sophisticated computational tools to compete, particularly in digital markets. Giovanna Massarotto outlines how antitrust agencies must similarly modernize and adopt advanced technologies to address complex antitrust enforcement challenges effectively and remain relevant.

The Convoluted Regulatory Regime for M&A Assessments in the US

What happens when the goals of antitrust enforcers clash with regulators focused on issues of national security and public interest? A forthcoming book by Ioannis Kokkoris, Public Interest Considerations in US Merger Control, explores these tensions in the United States regulatory framework.

Was Microsoft’s “Polluted Java” a presumptively legal improved product design?

Section 2 defendants often interpret the holdings of the United States Court of Appeals for the District of Columbia in U.S. v Microsoft Corp...

The Classic Theory of Albert O. Hirschman Argues Against the US Chamber’s Case for Non-Competes

Drawing on the theory of Albert O. Hirschman’s  Exit, Voice, and Loyalty, Brian Callaci argues non-compete clauses stifle the important channels of communication between employees and businesses necessary for improving firm competitiveness. The evidence also shows that, despite claims from businesses, non-competes harm rather than reward employees for their loyalty. 

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