Commentary

Eleanor Fox: A Slice of Forgotten History and Its Light on the Future – Changing the Lens on Antitrust

Eleanor Fox provides her round-one comments on the draft Merger Guidelines. To read more from the ProMarket Merger Guidelines Symposium, please see here.

Why Does the FTC Continue To Pursue Losing Cases?

The Federal Trade Commission has recently lost a series of cases seeking to prevent Big Tech mergers and acquisitions. Jay Ezrielev offers several possible explanations for why the FTC continues to pursue these bad cases and suggests how the agency can refocus its energies to better serve its mission to protect competition going forward.

Cory S. Capps and Leemore Dafny: A Conversation on the Draft Merger Guidelines

Cory S. Capps and Leemore Dafny provide their round-one comments on the draft Merger Guidelines.

When Foucault and the Austrian Liberals Agreed on the Impossibility of Political Rationality

Philosopher Michel Foucault is often associated with the political left. Austrian liberals, including Ludwig von Mises and F.A. Hayek, are generally associated with libertarians or the political right. However, all shared a doubt regarding the government’s ability to use statistics and data to regulate populations and markets, writes Parv Tyagi.

Carl Shapiro: Why Dropping Market Power from the Merger Guidelines Matters

Carl Shapiro provides his round-one comments on the draft Merger Guidelines.

Dennis Carlton: Have the Draft Guidelines Demoted Economics?

Dennis Carlton provides his round-one comments on the draft Merger Guidelines.

European Digital Platform Regulation Risks Undermining Itself with Over-Centralization

Recent European digital regulation surrenders traditional key guideposts of European competition law and policy. The over-centralization of European Union antitrust authority and EU legislation risks undermining member state laws and competences. This may privilege platforms and eventually harm competition and consumers, writes Jörg Hoffmann.

Brazil’s CADE Demonstrates How Antitrust Authorities Can Pursue Sustainability Goals

Antitrust scholars and authorities are debating how antitrust can and should align with green sustainability initiatives. A recent ruling from Brazil’s antitrust authority, the Administrative Council for Economic Defense, in approving the launch of a commercial platform for agricultural commodity traders to track global supply chain sustainability metrics, presents one case study on how to advance sustainability goals without compromising competition.

Steven Salop and Jennifer Sturiale: Vertical Merger Enforcement in the Draft Merger Guidelines

Steven Salop and Jennifer Sturiale provide their round-one comments on the draft Merger Guidelines.

Latest news