Supreme Court

The NCAA Goes After College Athletes’ NIL Money—Here are the Antitrust Implications for Workers and Consumers

Having lost in the Supreme Court on student-athlete academic benefits, the NCAA has signaled a continuing attempt to suppress competition in the...

Chart of the Week: Both Democrat- and Republican-Nominated Supreme Court Justices Increasingly Ruled Against Antitrust Enforcement

With the upcoming vote to confirm new Supreme Court Justice nominee Ketanji Brown Jackson, this week’s chart highlights a new dataset compiled...

Big Tech’s Tightening Grip On Internet Speech

Social media platforms have so transformed American life that many now view online speech as a right of citizenship—a right to be...

What does NCAA v. Alston Tell Us About Antitrust and Labor Markets?

The Supreme Court's recent ruling against the NCAA and in favor of student-athletes may seem narrow or trivial, but the Court's acknowledgement...

States Beat NCAA, Feds in Race Towards Student-Athlete Pay

For decades, NCAA amateurism regulations limited student-athlete benefits to scholarships and related stipends, even as revenues soared into the billion dollar range....

Revisiting Ohio vs. American Express: It’s Time for a More Nuanced Approach to Market Definition

Nearly three years ago, the Supreme Court decided the case of Ohio vs. American Express, which turned out to be one of...

Is Corporate Personhood to Blame for Money in Politics?

Just because corporations are “legal persons” doesn’t mean that they should get all of the same rights as human persons. Yet over...

How American Corporations Used Courts and the Constitution to Avoid Government Regulation

Since the early days of the Republic, corporations have turned the Constitution itself into a shield against unwanted regulation of the economy....

What Is Next for Section 230 Reform?

Section 230 has faced scrutiny from President Donald Trump, the FCC, Supreme Court Justice Clarence Thomas, the US Congress, and even President-elect...

Election Timetabling Is Not the Role of Judges

As wrong as it is that the Wisconsin elections were held under patently unsafe conditions, it is not the place of the courts to...

LATEST NEWS

The “Conspiracy” of Consumer Welfare Theory

Matt Stoller argues there was a conspiracy. It was more of an association with a singular purpose.

Researchers Find Reduced Competition After Pandemic

The chart of the week comes from a new research paper that documents the increase in small business closures during the Covid...

Voters Still Believe Politics is About the Common Good, Not Just Rent-Seeking

Do voters still believe that politics can be a source for common-good policies and not just partisan bickering and rent-seeking? With political...

How to Design Data Protection Laws That Actually Work 

More and more countries are passing data protection laws, yet empirical studies show that these laws rarely deliver on their promises. A...

Are Monopolists or Cartels the True Source of Anticompetitive US Political Power?

Trade associations are often the biggest obstacles to competitive markets, especially when those organizations use their influence to change public policy in...