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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 Grassroots Revival of Anti-Monopoly Law Across America

Stacy Mitchell
Stacy Mitchell writes that the Neo-Brandeisian movement is as strong as ever. Despite its champions, Federal Trade Commission Chair Lina Khan and Assistant Attorney General Jonathan Kanter, exiting their posts, grassroots momentum is only growing. Today, it’s in state legislatures and attorneys general offices where the movement is now advancing—and where future antitrust policy is being shaped.
Antitrust and Competition

Threats to Competition Policy in the Second Trump Administration: Is Antitrust Enforcement Following Alice Down the Rabbit Hole?

Jonathan B. Baker
After the second Trump administration initially appeared to maintain significant continuity in antitrust enforcement, the president more recently thrust the agencies into turmoil. Those later actions create troubling risks to the economy and the rule of law, writes Jonathan B. Baker.
Commentary

What Is the Furor Behind Delaware SB 21?

Lawrence Cunningham
Lawrence A. Cunningham reviews the arguments over Delaware’s recently signed Senate Bill 21, which changes corporate governance law in the state in favor of corporate management, and discusses what developments may come next.
Antitrust and Competition

Trump May Change how the EU Thinks About Antitrust and Free Speech

Jan Polański
The new Trump administration has thrust antitrust’s role in protecting free speech into the spotlight. Jan Polański discusses how this development should inform the European Union’s own debates about antitrust and free speech.
Antitrust and Competition

Can Antitrust Remedy Big Tech Censorship?

Kaleb Byars
Kaleb Byars argues that while Big Tech censorship may constitute antitrust harm, without reform current law does not provide antitrust agencies or the courts a remedy.
Antitrust and Competition

Now Is the Time To Correct Residency Match and (Especially) Other Competition Issues in the Physician Market

Barak Richman
Barak Richman writes that the recently announced investigation of the House Judiciary subcommittee for antitrust into the residency match antitrust exemption presents an opportunity...
Commentary

Breaking Trust in the Government Will Not Be Efficient in the Long Run

Alan Jagolinzer
Alan D. Jagolinzer and Jacob N. Shapiro write that the new Trump administration’s efforts to improve government efficiency through the cancellation of contracts and other promises will inevitably raise costs as businesses and investors demand a risk premium to account for lost trust.
Commentary

US Deregulation Should Target Occupational Delicensing Next

Ray Ball
State occupational-licensing requirements have ballooned over the past decades to cover seemingly nonsensical professions, raising barriers to entry and costs for consumers. Ray Ball, S.P. Kothari, and Andrew Sutherland argue that the current deregulatory movement in the United States should target these regulations next.
Antitrust and Competition

The FTC’s Continued Focus on Labor Will Fail Without a Whole-of-Government Approach

Randy Kim
The Federal Trade Commission under Chair Andrew Ferguson has surprised many by continuing its predecessor’s emphasis on protecting labor markets. Randy Kim writes that while this is a welcome development, it will do little to help workers if President Donald Trump does not also continue his predecessor’s whole-of-government approach. Early indications suggest he will not.
Antitrust and Competition

Would Content Collusion Among Social Media Companies Be Such a Bad thing?

Mark MacCarthy
Mark MacCarthy writes that the case law supports Federal Trade Commission Chair Andrew Ferguson’s charge that collaboration by social media companies on content moderation practices would be anticompetitive collusion. However, the author argues that open and transparent cooperation might actually benefit a troubled internet, and Congress should consider carving out a content-neutral antitrust exemption for platforms in the way it has in the past for broadcast networks.
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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.