The Role of the State

Lessons From the EU and UK for Strengthening India’s Digital Competition Regime

As India contemplates adopting its Digital Competition Bill, Amber Darr and Madhavi Singh examine lessons from the European Union’s and United Kingdom’s legislative forays into digital markets. They argue that India must rethink its reliance on formal long-form enforcement and invest in regulatory capacity if it hopes to deliver an ex ante regime for a fair and contestable digital economy.

EU and US Antitrust Is Converging on Anti-Monopoly

There are many differences between European and American antitrust regulation, but recent enforcement against Big Tech shows that in the most important ways they are converging on an anti-monopoly philosophy, writes Paul Friederiszick.

How Media Concentration in the Age of Radio Prefigured Today’s Big Tech Debate

In the 1930s, staffers at the newly established Federal Communications Commission devised a novel rationale for limiting network power in radio, telephony, and the press. While much has changed since the “age of radio,” the concerns they raised inform the present-day debate over the control that social media platforms exert over public discourse, writes Richard R. John.

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.

Don’t Dismantle America’s Audit Regulator—It’s a Strategic Asset Against China

Congress is considering eliminating the Public Company Accounting Oversight Board, the independent federal agency that “audits the auditors.” Karthik Ramanna and Nemit Shroff write...

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