Antitrust and Competition

Antitrust Enforcers Must Act Now To Ensure the Google Search Case Delivers on Its Promise

Fiona Scott Morton and David Dinielli show how landmark antitrust cases historically have cleared the path for innovation in the next “frontier technology.” But with closing arguments in the search monopoly case just days away, Google threatens to evade this round of rigorous new competition. It reportedly is in talks to place its own artificial intelligence tool on Apple devices as it did in the case of search. Such a maneuver would entrench Google’s search monopoly and place Google in the driver’s seat to steer the development of consumer-facing AI. The authors offer up a menu of steps the government might take now to thwart Google’s new anticompetitive strategy and preserve competition in AI before it’s too late.

The Case For Why the Department of Justice Should Break Up Live Nation-Ticketmaster

The Department of Justice is rumored to be planning to sue Live Nation-Ticketmaster for monopolizing markets for live events. Diana L. Moss explores what potential remedies the government might pursue to address competitive harms in markets such as ticketing for concert venues and sports arenas, and ticket resale, including the viability of breaking up the company.

High Prices and Market Power of Academic Publishing Reduce Article Citations

In new research, Yonghong An, Michael A. Williams, and Mo Xiao find that increases in an academic journal’s subscription price and its publisher’s market share leads to fewer article citations, hindering knowledge creation and research collaboration.

Consumer Demand, Not Weak Competition, Explains Rise in Prices

In new research, Ricardo Marto finds that the rise of services in the United States explains the rise in firm markups over the last few decades rather than a lack of competition.

Do Revenue Management Platforms Like RealPage Facilitate Illegal Algorithmic Collusion?

A growing number of companies offer artificial intelligence-powered revenue management platforms, which leverage big data and sensitive business information from multiple firms to optimize pricing, output, and other operational decisions for their clients. Over the past 18 months, dozens of antitrust lawsuits have alleged that such platforms facilitate price-fixing among rivals. Barak Orbach explores the strength of the allegations and the antitrust implications of such revenue management platforms.

Cung Le v. Zuffa Promised To Change the UFC. What the Settlement Means for MMA Fighters and the Industry

On March 13, the Ultimate Fighting Championship settled several lawsuits, including Cung Le v. Zuffa, which was scheduled to go to trial in April. The plaintiffs in Cung Le had accused the mixed martial arts organization of several anticompetitive behaviors that led to the suppression of fighter wages. Stephen F. Ross and Gurtej Grewal recount the facts of the case and what the settlement might mean for the industry.

Driving Innovation with Antitrust

Giovanna Massarotto writes that antitrust actions against major technology companies like AT&T, IBM, and Microsoft over the past century, though imperfect, have positively impacted innovation and competition in the computer industry by restricting anticompetitive behavior while allowing breakthrough technologies to flourish through carefully crafted remedies. This stands in contrast with Europe, which has seen less homegrown innovation from its technology companies.

Corporate Attacks Against the National Labor Relations Board Could Break the Government

Dylan Gyauch-Lewis writes that efforts by big businesses, including SpaceX, Amazon, and Trader Joe’s, to undermine the National Labor Relations Board rests on poor interpretations of the Constitution but would devastate the American government and economy if successful. 

TI’s Calculator Monopoly Offers Lessons for Educators in the Age of Generative AI

Texas Instruments’ TI-84 calculator has been the standard graphing calculator for American students for twenty years, despite its high cost and lack of innovation. Barak and Eli Orbach explore how Texas Instruments created its entrenched calculator monopoly and the lessons it offers educators as they grapple with the emerging possibilities of artificial intelligence in the classroom.

Using Economics To Diagnose a Lessening of Competition

Carl Shapiro discusses the central role of economics in merger review under Section 7 of the Clayton Act. Shapiro traces the evolution of merger law in response to advances in Industrial Organization economics over the past 50 years, highlighting how economic concepts and analysis are indispensable for predicting the likely competitive effects of proposed mergers.

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