DOJ
How To Handle Big Tech Acquisitions Under Uncertainty
The Federal Trade Commission recently failed to stop Meta’s acquisition of virtual reality company Within, while the Department of Justice is now...
Understanding the DOJ’s Decision To Seek a Jury Trial in the Google Ad Tech Case
The Department of Justice recently sued Google for conduct relating to its ad tech services, accusing the search giant of unlawful monopolization....
DOJ Antitrust Head Jonathan Kanter: “We Are Making It Very Clear: We’re Going to Hold Individuals Accountable”
In an interview with ProMarket, assistant attorney general Jonathan Kanter, head of the Department of Justice’s antitrust division, explains why he believes...
Google’s Calls for DOJ Antitrust Head Jonathan Kanter’s Recusal Are Baseless
Kanter’s pre-existing commitment to aggressive antitrust enforcement, far from compromising the legitimacy of his actions, reinforces his qualifications for doing the job...
The DOJ’s “New Madison” Doctrine Disregards Both the Economics and the Law of Innovation
DOJ’s “New Madison” approach to antitrust and intellectual property law dictates that antitrust should stay out of disputes over patents, even when...
Of Antitrust and Patents: the Quiet Return of the Status Quo at the DOJ’s Antitrust Division
Without Senate-confirmed political leadership, the Department of Justice quietly reverts to an Obama-era policy that favors Big Tech.
The Real Dish on the T-Mobile/Sprint Merger: A Disastrous Deal From the Start
The Trump-era DOJ’s decision to allow the T-Mobile/Sprint merger will go down as one of the worst merger-enforcement mistakes in decades. This...
Senator Klobuchar’s Antitrust Bill Doesn’t Go Far Enough
Senator Klobuchar’s bill includes many useful proposals to bolster antitrust enforcement, but the antitrust laws have been so weakened by the courts...
Morale At the DOJ’s Antitrust Division Has Plummeted. Here’s How to Fix It
The Biden administration should work to reverse the declining morale since a re-energized Antitrust Division will translate into more effective, innovative enforcement...
Three Steps the Biden Administration Should Take to Tackle America’s Monopoly Problem
The Biden Administration can revive federal antimonopoly enforcement after 40 years of little action, even when faced with congressional opposition. Here’s how.
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Commentary
The Banking Risks of Central Bank Digital Currencies
The implementation of central bank digital currencies as the primary medium of exchange would exacerbate the flaws of our current fiat system which encourage banks to overextend credit and create liabilities that they cannot redeem. This will worsen the already recurring cycles of financial crises, writes Vibhu Vikramaditya.
Antitrust and Competition
The Whig History of the Merger Guidelines
A pervasive "Whig" view of United States antitrust history among scholars and practitioners celebrates the Merger Guidelines' implementation of increasingly sophisticated economic methods since their...
Antitrust and Competition
Algorithmic Collusion in the Housing Market
While the development of artificial intelligence has led to efficient business strategies, such as dynamic pricing, this new technology is vulnerable to collusion and consumer harm when companies share the same software through a central platform. Gabriele Bortolotti highlights the importance of antitrust enforcement in this domain for the second article in our series, using as a case study the RealPage class action lawsuit in the Seattle housing market.
Antitrust and Competition
The Future Markets Model Explains Meta/Within: A Reply to Herb Hovenkamp
In response to both Herb Hovenkamp’s February 27 article in ProMarket and, perhaps more importantly, also to Hovenkamp’s highly regarded treatise, Lawrence B. Landman, first, shows that the Future Markets Model explains the court’s decision in Meta/Within. Since Meta was not even trying to make a future product, the court correctly found that Meta would not enter the Future Market. Second, the Future Markets Model is the analytical tool which Hovenkamp says the enforcers lack when they try to protect competition to innovate.
Book Excerpts
The Chicago Boys and the Chilean Neoliberal Project
In a new book, The Chile Project: The Story of the Chicago Boys and the Downfall of Neoliberalism, Sebastian Edwards details the history of neoliberalism in Chile over the past seventy years. The Chicago Boys—a group of Chilean economists trained at the University of Chicago through the U.S. State Department’s “Chile Project”—played a central role in neoliberalism’s ascent during General Augusto Pinochet’s rule. What follows is an excerpt from the book on University of Chicago economist Milton Friedman’s 1975 visit to Chile to meet with Pinochet and business leaders.
