Antitrust and Competition

Antitrust and the FTC: Franchise Restraints on Worker Mobility

As currently formulated, antitrust’s rule of reason approach is not the best tool to deal with vertical noncompete agreements that limit worker mobility and...

How to Make the Market for Real Estate Agents More Competitive

Delinking buyer and seller commissions will make markets for real estate agent services more competitive, allowing buyers and sellers to negotiate commissions and allowing for...

The FTC Was Correct to Withdraw the Vertical Merger Guidelines

The 2020 Vertical Merger Guidelines, now withdrawn by the FTC, did not represent sound merger policy, argues Steven Salop; rather, they were overly defendant-friendly...

Why a “Whole-of-Government” Approach is the Solution to Antitrust’s Current Labor Problem

For the majority of America’s regulatory history, the problem of employer monopsony was understood as a competition policy issue that required direct government-wide labor...

Antitrust Law’s Unwritten Rules of Unfair Competition

Does the Sherman Act actually “protect competition, not competitors”? An examination of the case law reveals a more nuanced picture, in which the courts...

The New Brandeis Movement and International Antitrust Enforcement

US competition authorities’ top officials, being appointed by a recently-elected president to represent the will of the voters, have the legitimacy to use antitrust...

Lessons from the Past? How Ordoliberal Competition Theory Can Address Market Power in the Digital Age

Some of the lessons uncovered by ordoliberal thinkers during the interwar period in Germany could help us tackle the current challenges posed by the...

Frances Haugen’s Leaking of the Facebook Papers Will Hurt Decision-Making at Tech Companies

Despite Mark Zuckerberg’s assurances that Facebook will continue its research program, it seems almost inevitable that the company will narrow the scale and scope of the...

Antitrust’s Labor Market Problem

A series of academic studies in recent years highlighted the fact that labor markets are often highly concentrated and that employers use anticompetitive methods...

Facebook’s Responses to Criticism Sound Too Good to Be True

The Facebook Papers show how Facebook’s relentlessly positive and defiant PR messaging is not plausible anymore. Hence, a rebrand. It sounds too good to be...

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