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Commentary

An outlet for insiders to speak freely (as they remain anonymous to the reader) on what they perceive as problematic practices in their own industry – with an emphasis on how the industry tweaks the rules of the game and captures regulation.
“People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices. It is impossible indeed to prevent such meetings, by any law which either could be executed, or would be consistent with liberty and justice.” Adam Smith – An Inquiry into the Nature and Causes of the Wealth of Nations (1776)

Antitrust and Competition

The DOJ Knows What To Do About Those Seed Mergers. Will It Reverse Them?

Peter Carstensen
Department of Justice Assistant Attorney General Gail Slater recently gave a speech repudiating the laissez-faire antitrust enforcement policy of past administrations. Meanwhile, President Donald Trump has ordered antitrust agencies to investigate how price-fixing has raised food prices. If the administration is serious about bringing food prices down for Americans, it should begin by addressing the costs farmers face. For that reason, Slater should investigate and possibly challenge the mergers between large seed sellers that occurred during Trump’s first term in office, writes Peter Carstensen.
Antitrust and Competition

Nvidia’s Quasi-Merger With Groq Raises Unique Remedy Concerns

Alexandros Kazimirov
Alexandros Kazimirov discusses how Nvidia’s quasi-merger with Groq resembles a familiar pattern of regulatory evasion that Google, Microsoft, and Amazon have adopted with emerging artificial intelligence companies. He notes that his proposed remedy that was available to antitrust enforcers in the large language model market is not applicable to chip manufacturers like Nvidia.
Big Tech

How FTC v. Meta Reshapes the Debate on Social Media and First Amendment Protections

Mihir Kshirsagar
Mihir Kshirsagar argues that the evidence presented in FTC v. Meta shows that discussions about the application of First Amendment protections to social media must go beyond the binary set in Moody v. NetChoice between treating them as common carriers or editorial agents. Rather, a commercial conduct framework is needed to understand how speech operates on platforms designed to maximize user attention and ad revenue.
Antitrust and Competition

The Clayton Act Does Not Allow an Efficiency Defense

Robert H. Lande
Robert H. Lande and Mark Glick respond to recent articles by Nancy Rose & Jonathan Sallet and Herbert Hovenkamp debating the role of an...
Antitrust and Competition

The Trends That Will Define US Antitrust in 2026

ProMarket writers
Four experts predict the trends that will define United States antitrust and competition in 2026.
Antitrust and Competition

The Trends That Will Define European Antitrust in 2026

ProMarket writers
Four experts predict some of the trends that will define European competition in 2026.
Antitrust and Competition

The Trends That Defined US Antitrust in 2025

ProMarket writers
Four experts reflect on some of the trends that defined United States antitrust and competition in 2025.
Antitrust and Competition

The Trends That Defined European Antitrust in 2025

ProMarket writers
Four experts reflect on some of the trends that defined European competition in 2025.
Antitrust and Competition

How To Secure an Epic Win for Consumer Choice on Android Phones

Fiona Scott Morton
For the first time in the history of mobile phones, Americans will be able to access a variety of app stores on Android phones, following game developer Epic Games’ legal victory over Google. Fiona Scott Morton and Nick Jacobson discuss how Google may try to undermine the court’s remedies to stifle competition and how both American and European regulators can respond to protect competition.
Antitrust and Competition

Warner Bros as Antitrust’s Streaming Stress Test

Barak Orbach
Warner Bros. (“Warner”), a prized and consequential media company, is once again on the auction block, and both Netflix and Paramount Skydance are competing to buy it. Barak Orbach observes that bidders’ appetites for prized media enterprises often foster undue optimism about the feasibility of successfully integrating them. He argues that antitrust scrutiny of any acquisition of Warner would likely underscore the need to modernize certain antitrust doctrines and analytical frameworks.
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ProMarket is dedicated to discussing how competition tends to be subverted by special interests. The posts represent the opinions of their writers, not necessarily those of the University of Chicago, the Booth School of Business, or its faculty. For more information, please visit ProMarket Policy.