Max Oversight Duties: How the Boeing Case Signifies a Shift in Corporate Law

Why did regulation, corporate governance, and fear of repetitional harm fail to prevent the Boeing 737 Max debacle from happening? A new...

What Economists Mean When They Say “Consumer Welfare Standard”

Though coined by academic economists, the term “consumer welfare standard” has been captured and changed by the economic school of thought known...

Antitrust’s Labor Market Problem

A series of academic studies in recent years highlighted the fact that labor markets are often highly concentrated and that employers use...

Judges Who Use Economic Reasoning in Court Decisions Rule In Favor of Business More Often

A new paper finds that judges who attended law schools with a strong law-and-economics intellectual environment use more economic reasoning, which is positively correlated with...

The States Must Appeal the Decision to Allow the Sprint/T-Mobile Deal

A close review of the court ruling that approved the $26 billion mega-merger reveals a number of mistakes in Judge Victor Marrero’s reasoning, which...

How the Legal System Helps the Media Hold the Powerful to Account

The legal system is the bloodline of investigative journalism. Recent maneuvers by the Trump administration may jeopardize it.     When done effectively, investigative journalism can greatly...

Do Courts Have a Pro-Business Bias?

Existing evidence are not enough to determine whether courts are pro-market or pro-(incumbent)business. President Obama’s plan to nominate Judge Merrick Garland to the Supreme Court...


The Impact of Large Institutional Investors on Innovation Is Not as Positive as One Might Expect

In a new paper, Bing Guo, Dennis C. Hutschenreiter, David Pérez-Castrillo, and Anna Toldrà-Simats study how large institutional investors impact firm innovation. The authors find that large institutional investors encourage internal research and development but discourage firm acquisitions that would add patents and knowledge to their firms’ portfolios, hampering overall innovation.

The FTC Needs To Focus Arguments on Technological Transitions After High-Profile Losses

Joshua Gray and Cristian Santesteban argue that the Federal Trade Commission's focus in Meta-Within and Microsoft-Activision on narrow markets like VR fitness apps and consoles missed the boat on the real competition issue: the threat to future competition in nascent markets like VR platforms and cloud gaming.

We Need Better Research on the Relationship Between Market Power and Productivity in the Hospital Industry

Antitrust debates have largely ignored questions about the relationship between market power and productivity, and scholars have provided little guidance on the issue due to data limitations. However, data is plentiful on the hospital industry for both market power and operating costs and productivity, and researchers need to take advantage, writes David Ennis.

Debating the Draft Merger Guidelines: Transcript

On September 7, the Stigler Center hosted a webinar to discuss the draft merger guidelines. What follows is a slightly edited transcript of the event.

Holding Up the News

Meta has silenced news organizations’ social media accounts in response to Canada’s Online News Act, a law not yet in effect. Josh Braun describes the reasoning behind such legislation, its potential flaws, and how Meta, particularly Facebook, has turned the Canadian wildfire crisis into a regulatory pressure campaign.