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Michele Fioretti, Victor Saint-Jean and Simon C. Smith

Reputation-Seeking Investors Can Impose Costs on Fellow Shareholders

In new research, Michele Fioretti, Victor Saint-Jean, and Simon Smith show that shareholders with potential reputational gains will push for corporate actions in the face of shocks like Covid-19 or the Russian invasion of Ukraine that reduce returns to other shareholders who have no reputational gains at stake.

COMMENTARY

The Revised US Merger Guidelines Adopt the Future Markets Model

Lawrence B. Landman
Since 1993 the American enforcers have claimed that they can directly protect firms’ competition to innovate. And the European Commission, which at first acknowledged that it protected competition in Future Markets, markets for products which do not exist yet, later claimed that it too can directly protect firms’ competition to innovate. In their new Revised Merger Guidelines the American enforcers now not only acknowledge that they protect competition in Future Markets, but say that they will do so aggressively. And since the Americans acknowledge that they protect competition in Future Markets the Europeans should do so as well—again.

RESEARCH

The Importance of PhD Transparency in Today’s Job Market

Dwayne Benjamin, Boriana Miloucheva and Natalia Vigezzi
Is pursuing a PhD a worthwhile financial investment? In new research, Dwayne Benjamin, Boriana Miloucheva, and Natalia Vigezzi compare earnings of PhD graduates to other degree holders, highlighting that the high opportunity costs of pursuing a PhD aren’t always worth it.
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Antitrust and Competition

Content Licensing Agreements Will Concentrate Markets Without Standardized Access

Christian Peukert
Christian Peukert argues that the market for licensing content from copyright owners like newspapers or online forums requires a standardized regime if access to this data, used to train artificial intelligence models, is to remain available for more than just the largest AI firms. A failure to maintain non-discriminatory access will result in the consolidation of both the AI and content production markets.
Antitrust and Competition

The False Hope of Content Licensing at Internet Scale

Matthew Sag
Is there a world where AI developers could get the training data they need through content licensing deals? Matthew Sag argues that content licensing deals between developers of artificial intelligence and content owners are only possible for large content owners and cannot feasibly apply to the bulk of producers and owners of content on the internet.
Antitrust and Competition

Anticompetitive Acquiescence in AI Content Licensing

Mark A. Lemley and Jacob Noti-Victor
Large AI firms like OpenAI and Amazon are licensing content to train their models that they might otherwise have been able to access for free under the fair use doctrine. Mark A. Lemley and Jacob Noti-Victor write that this behavior may constitute anticompetitive acquiescence—where large firms agree to license content they don’t have to in order to raise rivals’ costs.
Antitrust and Competition

Novo Nordisk’s Offer To Acquire Metsera Constitutes Attempted Monopolization

Hannah Pittock
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.
Commentary

Why the Controversy Behind ExxonMobil’s New Retail Voting Program?

Andy Shi
ProMarket Managing Editor Andy Shi reviews the controversy behind ExxonMobil’s new voting program and how it falls into the broader debates over recent developments to shareholder democracy and corporate governance.
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READING LISTS

Health Care

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.

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Antitrust and Competition

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

Steven Salop
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.
Commentary

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

Margherita Colangelo
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.
Antitrust and Competition

Is Competition Law Making Us Sick?

Benjamin Wood, Sven Gallasch, Nicholas Shaxson, Katherine Sievert and Gary Sacks
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.
Antitrust and Competition

Is Private Equity’s Involvement in Healthcare Really Harmful?

Anthony LoSasso, Ge Bai and Lawton Robert Burns
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.

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.

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Commentary

The Economics of Zohran Mamdani

Nikolaos Chatzarakis
Nikolaos Chatzarakis reviews some of the key economic platforms of New York City Mayor-elect Zohran Mamdani. He argues that Mamdani’s platform is ambitious but not unrealistic, and that criticisms of it often rely on simplistic models and theory. Still, there remain areas for improvement.
Antitrust and Competition

How Should We Address the Amazon Web Services Outage?

Roslyn Layton
Roslyn Layton examines the recent Amazon Web Services outage and compares it with last year’s CrowdStrike outage to illustrate differences in scope, responsibility, and systemic impact. She argues that cloud providers should contribute to the Universal Service Fund, ensuring financial contribution to resilience and critical infrastructure for essential services.
Uncategorized

Does the Case of Apple’s App Store Indicate It’s Time for an American Digital Markets Act?

Nick Jacobson
Nick Jacobson compares European and American enforcement to opening up the app store on Apple mobile phones, why European consumers and businesses are at an advantage, and if this advantage indicates that it is time for the United States to adopt legislation akin to the European Union’s Digital Markets Act.
Antitrust and Competition

Brazil’s Calibrated Revolution in Digital Competition

Victor Oliveira Fernandes
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.

Why Have We Failed To Limit the Corruption of Global Capital?

Richard Messick
Richard Messick summarizes the output of last April’s Global Capitalism, Trust, and Accountability Conference, co-sponsored by the Stanford Graduate School of Business and the Center on Democracy, Development and the Rule of Law. Participants explored the mechanisms of international corruption and how citizens, states, and the international community can address them.

How Google Revenue-Sharing Payments Contribute to Apple’s Monopoly Power

Steven Salop
The Google Search monopoly case focused on how Google’s agreements with Apple to set Google Search as the exclusive default search engine on Apple’s mobile devices allowed Google to solidify its monopoly in internet search. However, a less-explored dimension of these agreements is how they likewise fortified Apple’s monopoly power in the smartphone market, writes Steven C. Salop.

Call for 2026 Applications: The Stigler Center Affiliate Fellowship

ProMarket writers
The Stigler Center is seeking pre-tenure candidates for its Affiliate Fellows program. Applications are due January 23.

COLUMNS

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The publication of the Stigler Center at The University of Chicago Booth School of Business

ProMarket is dedicated to discussing how competition tends to be subverted by special interests. The posts represent the opinions of their writers, not necessarily those of the University of Chicago, the Booth School of Business, or its faculty. For more information, please visit ProMarket Policy.