In new research, Benjamin Rosa finds that when states ban affirmative action, minority- and women-run businesses become smaller than other contractors and are less likely to enter the market, but are no more likely to close their businesses entirely. 

COMMENTARY

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.

RESEARCH

Why Private Market Funds Are Dangerous for Retail Investors

In new research, Ben Bates examines the recent wave of funds designed to open private markets to retail investors. Such funds both underreport volatility and perform worse than comparable funds aimed at wealthier investors.
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LATEST

Google’s Search Monopoly Money Will Let It Purchase the AI Market

Google built and maintains its AI leadership from cash, compute, and data accumulated illegally from its monopoly in internet search. Its control over internet search, advertisement, mobile phone operating systems, and cloud computing continues to give it an advantage in AI that its competitors lack. The U.S. Court of Appeals for the District of Columbia Circuit must consider this entrenched and vertically integrated market position when it revisits the lower court’s lax remedies, write Asad Ramzanali and Joel Thayer.

Taking on Corporate Power Requires Deprogramming Corporate Law

The current law and economics framework of corporate law rests on four theoretical underpinnings that restrict students’ and regulators’ understanding of the stakes of corporate law. In new research, Mariana Pargendler argues that creating corporate laws that are more attuned to social welfare will require deprogramming its dominant framework.

Occupational Licensing Is Everywhere: Regulating Jobs Across Nations

In recent research, Johnathan S. Hartley and Morris K. Kleiner find that occupational licensing is globally pervasive among both developed and developing nations. However, higher national licensing rates are associated with lower GDP per capita, larger informal sectors, and weaker governance scores.

How the Cold War US Military Modeled Itself on Private Business

The following is an excerpt from Pentagon Capitalism: How the Cold War US Military Modeled Itself on Private Business by A. J. Murphy, now out at Harvard University Press.

The Dynamic Competition Framework Petit et al. Advocate Is Neither Pro-Enforcement nor Anti-Enforcement. It Doesn’t Exist

The dynamic competition school claims that competition authorities, by analyzing firms’ capabilities, can protect what this school calls dynamic competition.  Competition authorities, however, cannot adequately analyze firms’ capabilities. This school, therefore, lacks any framework which the authorities can use to analyze what they call dynamic competition. Any framework to protect dynamic competition, or what some call competition to innovate, must instead first identify the future products the competing firms are trying to make, writes Larry Landman.

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.

Antitrust as a Cure for the Private Equity Disease

The United States healthcare system has experienced an expansion of private equity ownership. In new research, Theodosia Stavroulaki argues that private equity acquisitions risk harming healthcare by increasing prices, reducing quality of care, limiting access to care, and hurting the labor force.

Pharma’s AI Boom Has Bet on the Wrong Bottleneck

Investors have poured billions into using artificial intelligence to discover new drugs, and 2026 is the first real test of whether AI-designed medicines actually helps patients. The boom has genuinely transformed the search for molecules — but that was never the costly, failure-prone part of making a medicine, and there AI has so far had little to add. Capital, and the public subsidies have not yet priced the difference, writes Michael A. Santoro.

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.

How Competition Has Increased Fraud in Medicare’s DME Program

In new research, Renuka Diwan, Paul Eliason, Riley League, Ryan C. McDevitt, James W. Roberts, and Jetson Leder-Luis investigate how Medicare’s shift to a competitive bidding system to reduce prices has inadvertently shifted market share to fraudulent suppliers.

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.

Did Liberals Break Liberal Democracy?

Matt Lucky reviews Daron Acemoglu’s “What Happened to Liberal Democracy?: Remaking a Politics of Shared Prosperity,” now out at Penguin Press.

The Ctrip Case Reveals the Limits of Administrative Interviews in China’s Antitrust Enforcement

The recent case of Chinese online travel platform Ctrip ignoring the warnings of provincial competition authorities until the central government stepped in reveals the limits of China’s decentralized regulatory system. Chun-Kit (Kitson) Ng suggests several ways that China can reform its system to empower the provincial authorities and fulfill the regulatory system’s design to avoid drawing on the central government’s resources.

Government Bond Markets See Ecological Decline as a Growth Problem

Summary Teaser: In new research, Jitendra Aswani and William W. Xiong show that countries facing greater risks to their natural assets, from overfishing to deforestation, pay more to borrow, as investors discount their long-run growth prospects. Governments can reduce that premium by implementing green projects that address the risks they actually face, but announcing an intention to do so is not enough.

Randy Picker on Competition Law, Copyright, and Entertainment

University of Chicago Law School professor Randy Picker passed away this weekend. Saul Levmore, a colleague at the Law School, remembers Randy's contributions to law scholarship and the University.

Farewell, Randy

University of Chicago Law School professor Randy Picker passed away this weekend. Georgetown professor Filippo Lancieri pens a tribute to his colleague and former PhD advisor.

How To Preserve the Online Information Ecosystem in the Presence of Google AI Overviews

In new research, Saharsh Agarwal and Ananya Sen study how Google AI Overviews reduce traffic to content publishers, their impact on consumer experience, and the implications of these findings for platform regulation and copyright and competition law.

Anatomy of a Supervisory Failure

For its entire 15-year life as a regional bank, SVB held the same risky bet. The risks were visible the whole time, yet supervisors reacted only once losses had materialized. SVB's collapse is less a story of hidden danger than of a supervisory system that polices process rather than risk.

COLUMNS

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