In new research, Joel Dodge and Ganesh Sitaraman argue that a comprehensive industrial policy to secure American supply chains and ensure access to essential goods should incorporate the deployment of public factories.

COMMENTARY

The Trends That Will Define US Antitrust in 2026

Four experts predict the trends that will define United States antitrust and competition in 2026.

RESEARCH

Innovation Suffers When Governments Can Alter Their Contracts

In new research, Michele Fioretti and Alessandro Iaria discuss how a landmark Norwegian court ruling shows how constitutional constraints on the government’s ability to retroactively change contracts can encourage private innovation and reshape entire industries.
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LATEST

If Markets Can Reprice for Hormuz, They Can Reprice for Paris

The recent, blustery movements in oil prices in response to the United States’ war with Iran illustrate the financial market’s agile ability to reprice for a predicted future market. Yet, a decade after 195 nations adopted the Paris Agreement to transition away from fossil fuels, the market has made no changes in response. Part of this may be due to investors’ expectations of a delayed rollout, but the inertia is also due to flawed market design in which laws of fiduciary duty prevent funds from providing investors with vehicles that can make true bets on how soon the world will retire fossil fuels, writes Michael A. Santoro.

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.

Consumers Prefer AI Music Until They’re Told It’s AI

Across three studies, Jana Friedrichsen, Julia Schwarz, and Michel Clement explore how generative AI will change the music industry. They find that while consumers enjoy and even prefer AI-generated music, preferences shift upon learning that the song was AI-generated.

How America Can Put Data Centers in Service of Reindustrialization

American communities have begun to reject the construction of local data centers out of concern that they drive up electricity prices without returning durable and diversified job and other economic benefits. Jake Higdon writes that governments concerned about these risks should not only insulate consumers from higher prices, but also demand that data center investments be used to power reindustrialization efforts.

The Economy Ruined American College Grads’ Prospects. They Fought Back

Matt Lucky reviews Noam Schieber’s Mutiny: The Rise and Revolt of the College-Educated Working Class, now out at Macmillan.

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.

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.

Do Pharmaceutical Acquisitions Undermine Innovation by Disrupting Human Capital?

Antitrust authorities increasingly assess mergers through the lens of innovation, particularly in research-intensive sectors such as pharmaceuticals. In new research, Carmine Ornaghi and Lorenzo Cassi show how mergers disrupt human capital and reduce innovation in what they call manslaughter acquisitions.

Common Ownership May Reduce the Entry of Cheaper Generic Drugs

In new research, Martin Schmalz and Jin Xie examine how shareholder preferences influence the United States pharmaceutical industry. They find that generic-drug manufacturers sometimes harm their firms’ own value when doing so benefits shareholder portfolios, who frequently have stakes in competing brand-name firms.

Novo Nordisk’s Offer To Acquire Metsera Constitutes Attempted Monopolization

Hannah Pittock uses weight-loss company Novo Nordisk’s offer to acquire Metsera to create a three-prong framework by which the antitrust agencies can identify when an invitation to exclude a rival from a market constitutes illegal exclusionary conduct under Section 2 of the Sherman Act.

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.

AI Is Coming for the Economic Consulting Industry

Artificial intelligence will change the market for economic consultants, likely reducing overall demand and shifting workers to current clients’ in-house units. However, both consulting firms and clients are still studying how to deploy AI, and there may yet be new opportunities for consultants as AI changes the broader economy, write Mona Birjandi and Mery Zadeh.

A Merger Between United and American Airlines Is Likely To Substantially Lessen Competition

Ratib Ali analyzes whether a merger between United and American Airlines would pass merger review according to the 2023 Merger Guidelines and finds that under multiple market definitions, it would substantially lessen competition.

Reverse Acquihires Reveal Antitrust’s Need To Update Its Conceptual Understanding of Hiring

Hannah Pittock argues that current analysis of reverse acquihires misses the core conceptual debate over antitrust’s antiquated treatment of hiring as benign vertical agreements between the laborers (the supplier) and employers (the buyer), in which labor is treated as one input among many.

When Migrant Workers Disappeared, Korean Firms and Workers Struggled

In new research, Jongkwan Lee, Giovanni Peri, and Hee-Seung Yang assess the effects of a sudden reduction in immigrant workers in South Korea. They find that migrant workers were not easily replaceable by natives, resulting in operational disruptions and firm closures.

Concerns Over Killer Acquisitions Are Redrawing the Boundaries of EU Merger Control and Its Political Economy Underpinnings

The European Union and its member states are quickly updating merger rules to address killer acquisitions and the economics of digital platforms. In a new article published in the Antitrust Law Journal, Anna Tzanaki explores how these endeavors challenge the institutional design of EU merger control and how this design can evolve to tackle new economic and geopolitical problems without forfeiting founding legal principles.

The Antitrust Risks of Anthropic’s Project Glasswing and the ‘AI Avengers’

Anthropic has formed an exclusive artificial intelligence consortium to use its general purpose artificial intelligence model, Claude Mythos, to identify and fix vulnerabilities in critical internet and digital infrastructure. Madhavi Singh warns this consortium, called Project Glasswing, could contravene antitrust law and argues for regulatory oversight to ensure that it does not become a front for an illegal cartel.

Trade Wars Have Kept Canadian Tourists Away and Cost Americans Jobs

Trade wars between the United States and Canada have sharply reduced the number of Canadian tourists traveling to the U.S. In new research, André Kurmann, Étienne Lalé, and Julien Martin use novel methods to measure how this decline in tourism has negatively impacted American workers and communities.

COLUMNS

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