antitrust and competition
Why the Mid-20th Century Was Not the Golden Age of Antirust
The New Brandeisian version of American history presumes that there was a mid-20th century golden age of antitrust that was displaced by a misguided...
Antitrust Should Be Used as a Targeted Response to Employer Concentration, But It Can’t Do Everything
A large and growing body of research demonstrates that employer concentration affects the wages of many American workers. Antitrust is an important tool in...
How to Fix the Courts’ Misuse of Economics
Economics has a valuable role to play in antitrust enforcement, but the courts often base their antitrust decisions on unfounded empirical claims or the...
Antitrust and the FTC: Franchise Restraints on Worker Mobility
As currently formulated, antitrust’s rule of reason approach is not the best tool to deal with vertical noncompete agreements that limit worker mobility and...
How to Make the Market for Real Estate Agents More Competitive
Delinking buyer and seller commissions will make markets for real estate agent services more competitive, allowing buyers and sellers to negotiate commissions and allowing for...
The FTC Was Correct to Withdraw the Vertical Merger Guidelines
The 2020 Vertical Merger Guidelines, now withdrawn by the FTC, did not represent sound merger policy, argues Steven Salop; rather, they were overly defendant-friendly...
Why a “Whole-of-Government” Approach is the Solution to Antitrust’s Current Labor Problem
For the majority of America’s regulatory history, the problem of employer monopsony was understood as a competition policy issue that required direct government-wide labor...
Antitrust Law’s Unwritten Rules of Unfair Competition
Does the Sherman Act actually “protect competition, not competitors”? An examination of the case law reveals a more nuanced picture, in which the courts...
The New Brandeis Movement and International Antitrust Enforcement
US competition authorities’ top officials, being appointed by a recently-elected president to represent the will of the voters, have the legitimacy to use antitrust...
Frances Haugen’s Leaking of the Facebook Papers Will Hurt Decision-Making at Tech Companies
Despite Mark Zuckerberg’s assurances that Facebook will continue its research program, it seems almost inevitable that the company will narrow the scale and scope of the...
