Donald Trump Second Administration

The policies of conservative antitrust laid out by the new antitrust enforcers suggest a continued focus on the welfare of consumers and workers. This suggests a continued role for economics in shaping and advancing antitrust policy. However, Aviv Nevo writes, it is not clear from the actual actions taken by the antitrust agencies that economics, rather than political considerations, will be guiding antitrust policy.

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.

Former Federal Trade Commissioner and Consumer Financial Protection Bureau Director Rohit Chopra writes that as the federal government circumvents the rule of law by pardoning corporate infractions and crimes in exchange for political favors, individual states, citizens, and businesses will need to pursue private actions against corporate wrongdoing.

Luke Herrine evaluates the Federal Trade Commission’s transformation into a political tool to advance a conservative social agenda. He argues that no FTC initiative better exemplifies the agency’s politicization than its investigation into gender-affirming care that threatens transgender rights and autonomy.

Diana Moss reviews four recent examples of the Trump administration weaponizing antitrust and regulation to stifle opposing ideological and political viewpoints.

Member of the European Parliament Alexandra Geese writes that illiberal politicians and Big Tech social media platforms have abused the principle of freedom of speech to suppress ideas with which they do not agree and promote hate speech. She provides three recommendations for retaking speech from the social media platforms that constitute today’s public sphere.

Eleanor Fox argues that the leading law firms should have immediately and collectively resisted President Donald Trump’s attacks. Strong, timely collective resistance may have helped staunch democratic backsliding and prevented normalization of repeated, speech-chilling demands. Doing so, however, the firms would have faced the risk of violating the antitrust laws. This article assesses antitrust’s treatment of political action and argues that the space for protected political action needs to be enlarged.

Wendy Li writes that business leaders must rediscover past unity and put pressure on politicians to defend against President Donald Trump’s attacks on businesses and civil society and prevent democratic backsliding.

After the second Trump administration initially appeared to maintain significant continuity in antitrust enforcement, the president more recently thrust the agencies into turmoil. Those later actions create troubling risks to the economy and the rule of law, writes Jonathan B. Baker.

Alan D. Jagolinzer and Jacob N. Shapiro write that the new Trump administration’s efforts to improve government efficiency through the cancellation of contracts and other promises will inevitably raise costs as businesses and investors demand a risk premium to account for lost trust.