For decades antitrust agencies, courts, and scholars have debated whether Section 7 of the Clayton Act permits an efficiency defense, in which merging firms can argue that enhanced efficiencies from the merger show that it does not reduce competition. However, the Supreme Court’s recent establishment of the “major questions doctrine,” which enforces or re-enforces a textualist reading of regulatory statues, undermines proponents of the efficiency defense, because the Clayton Act does not clearly and explicitly contain an efficiency defense. The “major questions doctrine” essentially acts as textualism on steroids,” writes Robert H. Lande.

COMMENTARY

The Affordability Crisis, Antitrust, and Consumer Anxiety

Consumers are anxious about the economy, and it’s due not only to inflation but to market power that raises prices and reduces quality, variety, and innovation. Policymakers’ prescriptions for resolving the cost-of-living crisis have mostly ignored the role of antitrust policy, but waning competition is at the heart of these problems, writes Diana L. Moss.

RESEARCH

Bank Concentration Undermined the Fed’s Monetary Policy During the Last Tightening Cycle

In new analysis, Madhav Parikh examines how competition among banks in the United States shapes the way monetary policy reaches depositors. Tracking U.S. banks from late 2021 through mid-2026, he finds that banks in more concentrated local markets repriced their deposit interest rates less than banks in competitive markets, both as the Fed raised rates and as it cut them.
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A New Capitalisn’t Episode

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Domestic Supply Chains in the US Are Fracturing Along Partisan Lines

In new research, Nandini Gupta and Swarnodeep Homroy show that firms in the United States are choosing politically-aligned suppliers to insure their supply chains against disruption. Aligned relationships are markedly more resilient when shocks hit, but the insurance is paid for in higher input costs and less innovation.

Product Liability Beats Antitrust in the Fight for Human Attention

In new research, Elettra Bietti compares the efficacy of the two legal avenues that have arisen to restrain social media’s ability to monopolize people’s time and attention: antitrust policy and product liability for consumer harm. Looking at the results of two recent Meta cases, she finds that product liability has proven the most capable in introducing the frictions needed to reduce social media’s addictive design.

Brazil’s Bill To Regulate Digital Market Illustrates How Markets Are Made, Not Found

The Chicago School believed that markets operate best when they are left to organize themselves, and that state regulation only disrupts this process to...

The American AI Exports Program Risks Stifling Smaller Competitors

The United States government launched the American AI Exports Program to help American firms win contracts from international customers. In a bid to enhance international competitiveness, the program risks stifling domestic competition, writes Javaid Sofi.

Antitrust Policy Can Be Captured Without Lobbying

In new research, Nicholas Short, Sophie Hill, and Jacob Brown examine "ideological capture": regulatory capture that works not through lobbying but through experts defining what goals and values regulators may consider. Surveying the public alongside antitrust lawyers, they find the consumer welfare standard marginalizes important public concerns, like the risk of increased layoffs or more lobbying power.

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.

Congress Has More Work to Do Before PBM Reform Reaches Consumers      

Jeremy Pilaar and Albert (Haotian) Wang present the weaknesses in current legislative reforms targeting pharmacy benefit managers. They suggest that lawmakers focus on reining in PBM income, limiting fees that PBMs can charge, and empowering state legislative efforts.  

The Prescription for Better Health Insurance? Competition.

Anticompetitive behavior, such as consolidation, in the health-insurance industry has allowed a small group of insurers to dominate the market. One of the main drivers of this behavior is “adverse selection,” where individuals know more about how sick they are than insurance companies do. To mitigate the risk of paying out more claims than they can cover, insurers often raise their premiums. Kellogg’s Amanda Starc and her colleague argue that, to create a truly healthy health-insurance marketplace, regulators and policymakers need a framework for rethinking the complex interactions between adverse selection and regulatory guardrails.

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.

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.

Anti-Monopoly as Industrial Policy: The Chicago School Versus Adam Smith

Jolted by the Great Depression of the 1930s, Thurman Arnold devised an anti-monopoly industrial policy for the United States Justice Department that breathed fresh life into a then-moribund Sherman Anti-Trust Act. Arnold’s jurisprudence built on Adam Smith’s discovery that market-making could promote national security and forestall civil unrest. Smith’s insights had informed the industrial policy of Alexander Hamilton, who laid the groundwork in the 1790s for the country’s economic development. Edward H. Levi brought Arnold’s pragmatic anti-monopolism to the University of Chicago. Here, ironically, Arnoldian jurisprudence would be transmogrified into the doctrinaire company-over-country market fundamentalism of the Chicago School of Economics. Today, writes Richard R. John, as we envision for the 21st century a new pro-market, pro-freedom, pro-national security industrial policy, it is worth recalling how U. S. economic development took the form that it did, why the Chicago School repudiated the enduring wisdom of Adam Smith, and what this portends for the world of today.

How George Stigler and the Chicago School Opened the Marketplace of Ideas to Business

Henry Simons, the “Crown Prince” of the Chicago School and a professor in the economics department and the law school prior to World War...

The Chicago School Abandoned the Positive Freedom of Adam Smith and the Founding Fathers

Adam Smith’s theory of political economy did not begin with the isolated individual but rather the individual who operates to earn the respect of others. Wealth and freedom grew from these relationships and engaging with others to create a free society, or what 20th century philosopher Isaiah Berlin’s would call positive freedom. In the 1970s and ‘80s, the Chicago School abandoned this aspect of freedom in preference of the isolated individual, which in turn produced a weaker concept of freedom, morality, and society that has stifled the cultivation of all three in the United States, writes Maha Rafi Atal.

Adam Smith’s Moral Philosophy Complicates Interpretations by the Chicago School and Its Critics

The connections between Adam Smith’s Wealth of Nations and Theory of Moral Sentiments reveal a much more complicated understanding of how markets work than developed in the common interpretation by the Chicago School of economics or that of its critics. Smith’s political economy based on commerce, sympathy, and competition produced social good but only when complemented and checked by other forces. When not checked, Smith worried about “factions” that produce bad outcomes, write Sandra J. Peart and David M. Levy.

Why Economics Forsook Democracy

The post-World War II Chicago School of Aaron Director and Milton Friedman reimagined a new (neo) liberalism that treated economic liberties and the free market as the greatest defense of political rights. The government, and democracy, were more often than not barriers to economic liberties. The United States continues to suffer from neoliberalism’s prescriptions, and addressing the concerns of today’s populist movements will mean rediscovering ideas of freedom that the Chicago School denigrated, writes Robert Van Horn.

The University of Chicago Once Studied a Laissez-Faire Economics Compatible with Public Interest

The Chicago School is often associated with laissez-faire economics that reads into Adam Smith’s philosophy of political economy justifications for self-interest and prudential motivations. However, a careful history of the University of Chicago’s early Economics Department and School of Commerce and Administration reveals a more complicated understanding of how economics and business were to interact with one another and society. The early University of Chicago pursued a program that emphasized that laissez-faire economics and a concern for the public interest were not antagonists but perfectly compatible, writes David Mitch.

America Became Rich Because of Liberalism

Adam Smith and the Founding Fathers envisioned a society in which economic and political freedom, grouped together in the ideology of liberalism, would produce a wealthy, free, and peaceful society. Centuries later, this vision has come to fruition, and F. A. Hayek and Milton Friedman helped elaborate and advance that vision in their economic and philosophical works. The lesson for today’s populist moment is not to abandon these principles, but to continue to pursue them, as it is their imperfect realization, not their imperfect conceptualization, that burdens today’s society, writes Peter Boettke.

COLUMNS

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