Victor Oliveira Fernandes analyzes the contributions to digital market regulation presented in Brazil’s Fair Competition Act for Digital Markets. The proposed act reflects a careful balance between antitrust orthodoxy and innovation and, in its success or failure, will pave the way for additional digital regulation in the Global South.

COMMENTARY

Novo Nordisk’s Killer Non-Acquisition Merger Contract Proposal Is a Case of “Heads I Win, Tails You Lose”

Steve Salop explores the anticompetitive innovation behind weight-loss giant Novo Nordisk’s offer to acquire Metsera. Novo’s proposed contract presents a new tactic by which firms with market power can preclude rival mergers that will lead to procompetitive entry.

RESEARCH

Fair and Efficient Data-Sharing From Google Requires a More Advanced Regulatory Approach

Drawing on her working paper, Giovanna Massarotto discusses three algorithmic approaches to how Google can fairly and efficiently share its data with rivals per the requirements of a court’s mandated remedy for illegally monopolizing the online search market.
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Brazil’s Fair Digital Competition Bill Offers an Alternative to Regulating Big Tech

Beatriz Kira argues that Brazil’s proposed digital competition bill shows how the Global South can strengthen regulation of Big Tech platforms without forfeiting competitiveness. Brazil’s efforts build on global models yet chart their own course and belie the false dichotomy between encouraging national business development and protecting competition and its benefits.

Whither Pro-Competitive Industrial Policy?

Laura Phillips-Sawyer writes that history shows that antitrust and industrial policy have often served as complements to one another. Industrial policy has succeeded when it has targeted specific industries to invest in their ability to compete, rather than protect them from competition.

The New Geoeconomics of Hard Power Requires New Tools. Will Europe Update?

Europe is acutely aware it has fallen behind competitively, but it is struggling to find a way to recover lost ground. Cristina Caffarra writes that Europe did not find any inspiration in the American anti-monopoly movement, which underpinned the whole-of-government approach of the Biden administration. It is also faltering in developing a response to the vigorous array of tools deployed by the Trump administration to assert power at home and on the world stage. It does not need to be this way, as Europe has tremendous assets and capabilities. But it needs investment and leadership, boldness and experimentation in vision and policy design. Policymakers are beginning to see the urgency, but there is still too much narrow defensive posture by regulators sticking to their patch.

How the Pursuit of Bigness, Geopolitical Hegemony, and Crony Capitalism Are Threatening Antitrust’s Rule of Law

Eleanor M. Fox and Harry First warn that global strategies and political pressures are undercutting the neutral, rule-of-law competition system.

Europe Needs First A Consolidated Internal Market. Business Consolidation May Follow

Xavier Vives argues that to create firms that can compete on the international level, the European Union does not need to ease its merger regime or encourage market power. Rather, encouraging European market integration will allow firms to draw in investment and scale up their operations.

READING LISTS

Americans spend significantly more on health care than any other country. Why? Answers to this question range from hospital monopolies to perverse incentives to opaque pricing to medical licensing to pharmaceutical firms abusing IP practices to “creeping consolidation.” Why is the US health care system so broken? And what can antirust do about it? Catch-up on our coverage of antitrust and the US health care system.

Will Trump’s Drug-Pricing Order Reduce Prices for Americans?

President Donald Trump has, across two administrations, sought to lower drug prices for Americans, most recently with executive order “Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients.” Margherita Colangelo explains why his order is unlikely to accomplish its goal.

Is Competition Law Making Us Sick?

In new research, Benjamin Wood, Sven Gallasch, Nicholas Shaxson, Katherine Sievert, and Gary Sacks write that competition underenforcement and a narrow regulatory focus on prices and output has allowed industries that produce harmful consumer products, such as tobacco or ultra-processed foods, to increase demand and, consequentially, harm to society. They argue that competition law must evolve to consider health impacts.

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.

George J. Stigler, one of the most influential economists of the 20th century, won the Nobel Prize in Economic Sciences in 1982 “for his seminal studies of industrial structures, functioning of markets, and causes and effects of public regulation.” His research upended the idea that government regulation was effective at correcting private-market failures. Stigler introduced the idea of regulatory capture, in which regulators could be dominated by special interests. These regulators would work for the benefit of large, monied organizations rather than the public good. Catch up on ProMarket's coverage of his legacy.

Revisiting “The Winner’s Curse” and the Enduring Anomalies of Human Behavior

Matt Lucky reviews Nobel Laureate Richard Thaler and Alex Imas’ newly updated book “The Winner’s Curse: Behavioral Economics Anomalies Then and Now,” now out at Simon & Schuster.

The Political Instrumentalization of Competition and Antitrust Enforcement

Ariel Ezrachi warns about the rising trend of political instrumentalization of antitrust and competition enforcement and its consequences.

A Pro-Market Framework for Driving Decarbonization: Part II

Corporate decarbonization policy has stagnated under ideological divisions. Arguing that anthropogenic emissions are driven by customer preferences and that such preferences can shift with improved information, Karthik Ramanna advocates for a new approach: an economy-wide system of reliable and comparable accounts of the embedded emissions in products to allow customers (and investors) to make more-informed decisions aligned with underlying preferences. In part II of his two-part series (read part I here), Ramanna explores the principles of an accounting methodology to provide better greenhouse gas emissions data to business customers and consumers and the reasons why, based on historical precedent, such a system is readily adoptable and likely to prove effective. 

A Pro-Market Framework for Driving Decarbonization: Part I

Corporate decarbonization policy has stagnated under ideological divisions. Arguing that anthropogenic emissions are driven by customer preferences and that such preferences can shift with improved information, Karthik Ramanna advocates for a new approach: an economy-wide system of reliable and comparable accounts of the embedded emissions in products to allow customers (and investors) to make better-informed decisions aligned with underlying preferences. In the first of two articles, Ramanna discusses why top-down regulatory approaches to reduce greenhouse gas emissions have failed to generate decarbonization at meaningful scales and the virtues of a pro-market approach to incentivizing and enabling greener corporate and consumer behavior.

Resisting the Politicization of Antitrust and Regulation

Diana L. Moss reviews the increasing politicization of antitrust and regulation in the United States and what avenues are available to resist the corruption of due process and usurpation of the rule of law.

Market Power Shifts Tariff Costs to Suppliers

Many studies have assumed that United States tariff costs are passed onto consumers. In new research, Vanessa Alviarez, Michele Fioretti, Ken Kikkawa, and Monica Morlacco argue that buyer-seller relationship dynamics allow dominant U.S. importers to instead force higher costs onto exporters.

How the Law Protects and Promotes Corporate Misconduct

Corporate crimes like fraud continue unabated in the United States. Jennifer Taub defines a chief reason as “accountability theater,” or the propensity of government prosecutors to pursue out-of-court civil settlements rather than criminal trials that, though they might lose them, would publicize the extent of corporate misconduct and better deter future abuse.

COLUMNS

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