Commentary

The FTC’s Non-Compete Ban Will Force Questions Over the Scope of its Authority

To understand why a proposed rule could spark a Supreme Court battle over the Federal Trade Commission’s powers to regulate the American economy requires...

Bethany and Luigi’s 2022 Book Recommendations

Capitalisn't hosts Luigi Zingales and Bethany McLean offer their recommended books from 2022 for ProMarket readers. Economist Luigi Zingales and journalist Bethany McLean read a...

Corporations Are Not “We the People”

The Citizens United ruling contradicts the Founders, decades of Supreme Court precedent and the will of the American people. There is nothing in the text...

The Needless Desertion of Robinson-Patman

ProMarket is kicking-off a discussion of the Robinson-Patman Act (RPA), an antitrust law preventing price discrimination that hasn't been enforced in decades. Erik Peinert...

Why Streaming Doesn’t Pay

An excerpt from a new book, Chokepoint Capitalism: How Big Tech and Big Content Captured Creative Labor Markets and How We'll Win Them Back,...

Bolsonaro’s reelection may become a setback for ESG in Brazil

Social pressures, market forces and elected leaders influence corporate decisions on environmental, social and governance (ESG) issues. Journalist Stephanie Tondo examines the state of...

The Corruption of Consumer Welfare

The consumer welfare standard is used in modern antitrust enforcement to evaluate a merger between two firms. However, its original definition was corrupted in...

How to Design Data Protection Laws That Actually Work 

More and more countries are passing data protection laws, yet empirical studies show that these laws rarely deliver on their promises. A new paper...

Are Monopolists or Cartels the True Source of Anticompetitive US Political Power?

Trade associations are often the biggest obstacles to competitive markets, especially when those organizations use their influence to change public policy in their favor. Dana...

“Uber Has Higher Prices and Worse Service Than the Taxi Industry Had Ten Years Ago”

Following the Uber Files leaks, transportation expert Hubert Horan explains why Uber is “hopelessly uneconomic” and how its engagement with policymakers and academics aided...

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