ProMarket’s writers review the topics that defined our coverage in 2024. Google. Lots of Google. The future of competition in the European Union. There are harms to the consumer, and then there are harms to Swifties. In 2024, ProMarket published 257 articles. These were the topics that defined our coverage. Here at ProMarket, we talk a lot about antitrust and competition policy, and we kicked off the past year with a symposium discussing the findings of a paper from professors Filippo...

COMMENTARY

The Trends and Cases That Defined European Antitrust in 2024

Three antitrust experts review the trends and cases that defined European antitrust and competition...

RESEARCH

How Thousands of Tech and Pharma Mergers Escape Antitrust Scrutiny

New research from Christopher Stewart, John Kepler, and Charles McClure shows that thousands of large mergers and acquisitions bypass antitrust review because current regulatory thresholds ignore intangible assets like intellectual property and customer data. These unreported deals, particularly in tech and pharma sectors, show signs of being more anticompetitive - with higher premiums paid, increased market power for acquirers, and evidence of "killer acquisitions" in pharmaceuticals.
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Unconditional Revenue-Sharing By Google Would Still Be Anticompetitive Monopolization

Steven C. Salop argues that as part of any remedy outcome from the Google Search case, Google cannot be permitted to enter agreements with...

The Trends and Cases That Defined United States Antitrust in 2024

Three antitrust experts review the trends and cases that defined United States antitrust in 2024.

A New Vision of EU Competition Policy Is Incomplete Without Central-Eastern Europe

The ongoing debates about the EU’s competition policy have predominantly focused on Western Europe, overlooking the dynamic growth and unique challenges of Central and Eastern Europe, writes Maciej Bernatt and Kati Cseres. This oversight risks deepening economic disparities and undermining the EU’s goals of unity, democracy, and innovation-driven growth.

Trump 2.0 Will Challenge the European “Competition Safe Spaces”

Despite fundamental changes in the real economy, and strides in the regulation of privacy, data, and digital markets, antitrust practice and discourse in Europe are still conducted in “safe spaces” where the antitrust community resists change and remains attached to neoliberal approaches and efficiency goals. But the Trump Administration will not just signify a wholesale return to pre-NeoBrandeisian times (as many in Europe hope): indeed Europeans hiding in their “safe spaces” may well be surprised, writes Cristina Caffarra.

Tracking SEC Movements Sheds Light on Investigatory Process and Its Impact on Firms

In new research, William Christopher Gerken, Steven Irlbeck, Marcus Painter and Guangli Zhang track the movements of Securities and Exchange Commission-associated smartphone devices to shed light on the SEC’s investigatory process and understand how office visits from its staff alter firm behavior and outcomes.

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.

Can the FTC’s PBM Complaint Create a Competitive Pharmaceutical Marketplace?

Fiona Scott Morton reviews the merits of the Federal Trade Commission’s complaint against the three largest pharmacy benefit managers (PBMs) for suppressing competition in pharmaceutical markets. Although the complaint’s alleged harms are narrow, it is a welcome start that promises to shed light on the PBM’s expansive anticompetitive practices and ultimately lower drug prices for Americans.

How Has the Affordable Care Act Fared After Ten Years?

David Ennis evaluates how well the Affordable Care Act has met its expectations and where it has fallen short ten years after its implementation.

Food for Thought

An excerpt from the second edition of Marion Nestle's book, Food Politics: How the Food Industry Influences Nutrition and Health, out now.

We Need Better Research on the Relationship Between Market Power and Productivity in the Hospital Industry

Antitrust debates have largely ignored questions about the relationship between market power and productivity, and scholars have provided little guidance on the issue due to data limitations. However, data is plentiful on the hospital industry for both market power and operating costs and productivity, and researchers need to take advantage, writes David Ennis.

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.

A New Approach to Measuring the Burden of Regulation

This research note employs the quantitative approach developed by Francesco Trebbi, Miao Ben Zhang, and Michael Simkovic (2023) to provide a descriptive overview of the main differences in costs of regulatory compliance across U.S. states for the year 2014 and over the period 2002-2014. These descriptive stylized facts can be useful in grounding extant discussion on regulatory compliance burden across different U.S. regions and over time and presents both unconditional results and results controlling for state industry composition.

The Surprising Reason Most Firms Don’t Lobby

Benjamin Egerod explores the information gap that prevents a majority of firms from lobbying. He argues that the lack of lobbying participation from a majority of firms creates a lopsided playing field that gives more power to those that do.

A Better Way To Use Ecosystems in Antitrust Analysis

Ecosystem analysis has been a popular but ill-defined concept in antitrust to identify digital products and services that operate across multiple markets. In new research, Konstantinos Stylianou and Bruno Carballa-Smichowski provide a schematic for defining ecosystems to help courts and regulators pursue more sophisticated investigations and interventions into increasingly complicated markets.

Why Stock Buybacks Increase Financial Stability in Banking

New research from SP Kothari, Hamid Mehran and Zirui Song argues that share buybacks - rather than traditional dividends - may actually be safer for financial stability since they offer banks more flexibility and don't signal distress when reduced. The authors show that while dividends create pressure for consistent payments and industry-wide ripple effects when cut, buybacks allow banks to adjust their capital distribution to the present circumstances.

The False Choice between Digital Regulation and Innovation

In Europe, many regulatory authorities are debating whether to loosen regulations on tech companies so that they can catch up with their counterparts in the United States and close Europe’s innovation gap. Based on her recent article, Anu Bradford shows that this choice is a false one. She argues that rather than stringent regulation, the gap in tech innovation between the U.S. and EU can be explained by differences in their scaling opportunities, capital markets, bankruptcy laws, immigration policy, and flexibility of their labor markets.

Moderation Is the Cure to the Crisis in Antitrust Expertise

After several decades of obscurity, antitrust reemerged as a fashionable force in the second and third decades of the 21st century. This trend coincided with growing societal distrust of expertise. Barak Orbach explores assertions that corruption and greed drive support for lax antitrust enforcement policies, and that trustbusting zeal is a marker of intellectual integrity. He argues that intellectual integrity and sound public policy require the moderate, technocratic approaches that society heavily discounts.

The U.S. Must Drive Forward on EVs, Not Back Up

Recent negative news on the production of electric vehicles in the United States call into question the government’s industrial policy boosting Detroit’s efforts to go green. Susan Helper writes that not only have there been significant benefits from President Joe Biden’s industrial policies, but promoting the production and adoption of electric vehicles remains essential to achieving national decarbonization targets and increasing resilience, innovation, and national security

COLUMNS

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