Antitrust and Competition

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.

The EU’s Next Competition Commissioner Must Set Out Her Vision for Change

Competition policy in the European Union is moving toward a new phase. Max von Thun parses ideas from two recent documents outlining the future of competition in the EU—a report from former Italian Prime Minister Mario Draghi and a “Mission Letter” from European Commission President Ursula von der Leyen—to understand what questions competition chief Margrethe Vestager’s appointed replacement, Teresa Ribera, must address as she lays out her own vision for the future of competition policy in the EU.

There’s More Bias Than You Think

Conflicts of interest are a serious problem in scholarship. Transparency and discounting, while necessary, are insufficient to protect the marketplace of ideas. Why?  Founder effects and dilution of expertise, explain Maurice E. Stucke and R. Alexander Bentley. To protect the integrity of academia, we must also encourage the injection and consideration of new and contradictory unconflicted ideas.

A Neo-Jeffersonian Approach to Antitrust Would Better Protect Individual Liberty

Kevin Frazier writes that the Neo-Brandeisian movement’s focus on bigness as a harm to society in itself neglects the true focus of antitrust policy—protection of individual liberty, as envisioned by Thomas Jefferson. He argues that a Neo-Jeffersonian approach would clarify antitrust’s goals and produce more appropriate government intervention in markets.

Draghi’s Untapped Vision for EU Competition Reform Beyond Tradition

In the second of two articles (read the first part here), Ioannis Lianos discusses how the incipient ideas and suggestions Mario Draghi presents in his report on the future of competition in the European Union could be developed into real-world policy.

What the Draghi Report Really Means for the Future of European Competition Policy

In the first of two articles, Ioannis Lianos analyzes the implications of Mario Draghi’s report on the future of European Union competitiveness. He explores its suggestions for protecting competition, moving to an ex-ante regulatory regime, and moving beyond traditional consumer welfare goals, dispelling exegesis from those who cite the report in support of and against current competition policies.

Is Labor Antitrust a “Nonexistent” Problem?

In a recent revision of its Premerger Notification Regulation, the FTC removed labor market provisions from the previous draft as Commissioner Melissa Holyoak dismissed them as "a solution in search of a nonexistent problem." Eric Posner argues that her assessment contradicts a substantial body of academic research showing that labor market concentration is indeed a serious concern.

Does Domestic Competition Help EU Firms Compete Abroad?

In a survey of nearly 400 European firms that export abroad, Elena Argentesi, Livia De Simone, Stephan Paetz, Vincenzo Scrutinio find that most firms believe that competition forces them to produce cheaper and higher quality products and services, allowing them to be more competitive in foreign markets.

How Tech Giants Make History

Richard R. John recounts how in the twentieth century the once-mighty Bell System, whose descendants include today’s Verizon and AT&T, waged a powerful decades-long public relations campaign, including the funding of history books and research centers, to persuade the public that its success rested in technological imperatives and economic incentives rather than a favorable regulatory landscape. Though the Bell PR campaign failed to stop three highly effective antitrust suits, it succeeded in establishing a story about management, competition, and innovation that many Americans—including several of today’s Big Tech critics—have uncritically repeated.

Draghi’s New Competition Tool Promises To Revamp Competition, but Comes With Challenges

Alessia D’Amico and Inge Graef discuss Mario Draghi’s proposal for a New Competition Tool to revamp competition in the European Union. They write the European Commission must think hard about its design to achieve the right balance.

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