Commentary

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.

Michael C. Jensen Tribute

Nobel Laureate Eugene F. Fama pays tribute to economist Michael C. Jensen, who recently passed. Fama reminds us of Jensen’s unmatched career as a researcher and founder of the Journal of Financial Economics and SSRN.

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.

Industrial Policy Is a Verb

Critics of industrial policy claim that state interventions into the market lead to inefficient subsidies, protectionism, or the “picking of winners.” Kartik Akileswaran and Rohan Sandhu argue that when industrial policy is instead viewed as an iterative, dynamic process between the private and public sectors, and undergirded by the state's capacity to play this role,  it leads to a more sophisticated understanding of industrial policy’s manifold historical manifestations and benefits.

Consumer Welfare Will Determine the Outcome of the Apple Lawsuit

At the heart of the government’s lawsuit against Apple is if the tech company’s practices of tying and refusing to deal truly enhance the performance and security of the iPhone and its ancillary services. The complaint indicates that the outcome of the case will be determined by the consumer welfare standard, writes Herbert Hovenkamp.

Does Apple Stifle or Promote Innovation?

The answer is both. How so? The recent antitrust complaint against Apple heralds a pivotal shift in understanding the influence of tech giants on innovation in the digital realm. This article highlights three key takeaways. 

The DOJ Seeks To Unbundle Apple’s Core

Randy Picker reviews the context of the Department of Justice’s lawsuit against Apple and the questions of merit and the competitive obligations of dominant firms driving the case.

At Stake in the Apple Case Is Foregone and Future Innovation

Fiona Scott Morton provides her initial thoughts on the Department of Justice’s lawsuit against Apple, how it compares to current and past tech cases, and the arguments she anticipates each side will make.

Latest news