Richard Wolfram explores the regulatory concerns of Netflix and Paramount’s competing merger proposals for Warner Bros. Discovery. Based on current antitrust doctrine and guidelines, Paramount would appear to face comparatively fewer barriers to the transaction, but the analysis is hardly black-and-white.

COMMENTARY

The Dynamic Competition Framework Petit et al. Advocate Is Neither Pro-Enforcement nor Anti-Enforcement. It Doesn’t Exist

The dynamic competition school claims that competition authorities, by analyzing firms’ capabilities, can protect what this school calls dynamic competition.  Competition authorities, however, cannot adequately analyze firms’ capabilities. This school, therefore, lacks any framework which the authorities can use to analyze what they call dynamic competition. Any framework to protect dynamic competition, or what some call competition to innovate, must instead first identify the future products the competing firms are trying to make, writes Larry Landman.

RESEARCH

Government Bond Markets See Ecological Decline as a Growth Problem

Summary Teaser: In new research, Jitendra Aswani and William W. Xiong show that countries facing greater risks to their natural assets, from overfishing to deforestation, pay more to borrow, as investors discount their long-run growth prospects. Governments can reduce that premium by implementing green projects that address the risks they actually face, but announcing an intention to do so is not enough.
spot_img
spot_img

A New Capitalisn’t Episode

Subscribe to promarket newsletter

Join our email newsletter

LATEST

Farewell, Randy

University of Chicago Law School professor Randy Picker passed away this weekend. Georgetown professor Filippo Lancieri pens a tribute to his colleague and former PhD advisor.

How To Preserve the Online Information Ecosystem in the Presence of Google AI Overviews

In new research, Saharsh Agarwal and Ananya Sen study how Google AI Overviews reduce traffic to content publishers, their impact on consumer experience, and the implications of these findings for platform regulation and copyright and competition law.

Anatomy of a Supervisory Failure

For its entire 15-year life as a regional bank, SVB held the same risky bet. The risks were visible the whole time, yet supervisors reacted only once losses had materialized. SVB's collapse is less a story of hidden danger than of a supervisory system that polices process rather than risk.

Abortion Bans May Have Changed How People Have Sex 

In new research, James Flynn, David Munro, and Caitlin Myers document how sexual behavior has changed in light of total abortion bans enacted after Dobbs vs. Jackson Women’s Health. They find that abortion bans reduced sexual activity and increased contraceptive use, motivated by individuals having an increased awareness of state policy.

State Corruption Influences Government Transparency During Elections

In new research, Raymond Fisman, Aron Malatinszky, and Eyüb Yegen find that states with higher levels of corruption are more likely to delay or reject requests for government data required by freedom of information laws in the leadup to elections.

READING LISTS

Americans spend significantly more on health care than any other country. Why? Answers to this question range from hospital monopolies to perverse incentives to opaque pricing to medical licensing to pharmaceutical firms abusing IP practices to “creeping consolidation.” Why is the US health care system so broken? And what can antirust do about it? Catch-up on our coverage of antitrust and the US health care system.

Antitrust as a Cure for the Private Equity Disease

The United States healthcare system has experienced an expansion of private equity ownership. In new research, Theodosia Stavroulaki argues that private equity acquisitions risk harming healthcare by increasing prices, reducing quality of care, limiting access to care, and hurting the labor force.

Pharma’s AI Boom Has Bet on the Wrong Bottleneck

Investors have poured billions into using artificial intelligence to discover new drugs, and 2026 is the first real test of whether AI-designed medicines actually helps patients. The boom has genuinely transformed the search for molecules — but that was never the costly, failure-prone part of making a medicine, and there AI has so far had little to add. Capital, and the public subsidies have not yet priced the difference, writes Michael A. Santoro.

The Pharmaceutical Benefits Manager Settlements Are a Novel Advance for the FTC and Competition Enforcement

In February, the Federal Trade Commission settled with pharmaceutical benefits manager (PBM) Express Scripts. The FTC had sued Express Scripts and two other large PBMs under the long dormant Section 5 of the FTC Act, which targets “unfair methods of competition.” The settlement suggests that the FTC may succeed in addressing the convoluted contracts between PBMs, drug manufacturers, health insurers, and employers that drive up drug prices for Americans. It also opens unchartered territory for antitrust enforcement and the limits of Section 5, argue Fiona Scott Morton and Mariah Smith.

How Competition Has Increased Fraud in Medicare’s DME Program

In new research, Renuka Diwan, Paul Eliason, Riley League, Ryan C. McDevitt, James W. Roberts, and Jetson Leder-Luis investigate how Medicare’s shift to a competitive bidding system to reduce prices has inadvertently shifted market share to fraudulent suppliers.

George J. Stigler, one of the most influential economists of the 20th century, won the Nobel Prize in Economic Sciences in 1982 “for his seminal studies of industrial structures, functioning of markets, and causes and effects of public regulation.” His research upended the idea that government regulation was effective at correcting private-market failures. Stigler introduced the idea of regulatory capture, in which regulators could be dominated by special interests. These regulators would work for the benefit of large, monied organizations rather than the public good. Catch up on ProMarket's coverage of his legacy.

“Pay for Half” Offers a Better Remedy for Google’s Search Monopoly

A remedy of “Pay for Half” that limits the share of devices for which Google can pay for default search status, as well as the share of revenue Google can pay its channel parters for that status, offers a middle ground that would help restore competition while preserving revenue for distribution partners, argue Alissa Cooper, Fiona Scott Morton, and Nick Jacobson.

Corporate Leaders Have Moved Left, But the Money Hasn’t Followed

In new research, Reilly S. Steel finds that corporate leaders’ individual political preferences are shifting left, but their aggregate spending remains skewed to the right. 

Merger Review Should Test for Labor Market Mavericks

Although merger review now acknowledges potential harms to labor markets, the analytical tools remain underdeveloped. Shishene Jing proposes identifying “labor market mavericks” as companies essential to maintaining competition among employers and preventing mergers that could reduce wages and other worker benefits.

Call for 2027 Applications: The Stigler Center Journalists in Residence Program

The Stigler Center has opened applications for its Journalists in Residence Program. Applications are due September 20. The Stigler Center has opened applications for its...

American Slaveholders Lost Their Wealth but Kept Their Political Power

In new research, Luna Bellani, Anselm Hager, and Stephan Maurer examine how the abolition of slavery after the American Civil War affected the political influence of former slaveholders. Despite the blow to their economic standing, former slaveholders maintained their electoral success, and once in office, their influence actually grew.

Chilean Regulators Are Exploring the Effects of a “No Exception” Rule Against Most-Favored Nation Clauses in Digital Markets

Chilean authorities are testing an unofficial “independence rule” that forbids digital platforms from exerting further influence over how business users set their own prices through most-favored-nation clauses. Manuel Abarca Meza assesses how this rule could potentially fit into antitrust case law and whether or not it effectively weighs the risks against market efficiencies.

Green Public Procurement Was Supposed To Reduce Emissions. It’s Also Reducing Competition

The federal Buy Clean initiative illustrates how procurement quotas can alter market structure by raising compliance costs and rewarding scale. As states expand their own Buy Clean programs, competition effects deserve the same scrutiny as environmental ones, writes Francesca Chiaradia.

COLUMNS

spot_imgspot_img