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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)

Commentary

Delaware’s SB21 Continues 150 Years of Corporate Power and Regulatory Capture

Christina M. Sautter
Christina M. Sautter writes that the passage of Senate Bill 21, which rebalances power away from shareholders to corporate management, represents a 150-year-long development in corporate law spurred by regulatory capture that has removed countless restrictions on firm behavior.
Antitrust and Competition

EU and US Antitrust Is Converging on Anti-Monopoly

Paul Friederiszick
There are many differences between European and American antitrust regulation, but recent enforcement against Big Tech shows that in the most important ways they are converging on an anti-monopoly philosophy, writes Paul Friederiszick.
Commentary

How Media Concentration in the Age of Radio Prefigured Today’s Big Tech Debate

Richard R. John
In the 1930s, staffers at the newly established Federal Communications Commission devised a novel rationale for limiting network power in radio, telephony, and the press. While much has changed since the “age of radio,” the concerns they raised inform the present-day debate over the control that social media platforms exert over public discourse, writes Richard R. John.
Commentary

China Is Using Its Market Power To Influence Foreign Policymaking

Audrye Wong
Audrye Wong writes that China is able to use its market power to pressure foreign companies and business leaders—perhaps most notably Tesla CEO Elon Musk—to lobby on its behalf. The practice raises questions about foreign influence in American and European policymaking and the disproportionate clout of business and oligarchic interests.
Antitrust and Competition

Has Antitrust Returned to the “Domain of Law”?

Allen Grunes
Allen Grunes comments on the core continuity in antitrust enforcement between the Biden and second Trump administrations. He argues that the continuity reflects, in Zephyr Teachout’s words, the “homecoming” of antitrust to the “domain of law.” The following is a revised version of remarks Grunes delivered at the Loyola Antitrust Colloquium in April.
Antitrust and Competition

It’s Time To Imagine Chrome Without Google

Karina Montoya
Karina Montoya reflects on the end of the remedies phase of the Department of Justice’s case against Google for monopolizing the online search market. She argues that Google’s warnings against divestiture of its browser, Chrome, fall short and that a breakup will benefit the security of the internet, innovation, and users.
Commentary

A Tale of Tariffs and the Making of the Modern Offshore Market

David Chan Smith
David Chan Smith argues that tariff regimes during the eighteenth century encouraged modern history’s first offshore markets to reroute goods through jurisdictions that faced lower tariff rates. This historical “entrepôt trade” could outstrip the legal trade of some goods and carries lessons for contemporary revisions to international trade.
Antitrust and Competition

How Corporations Can Block Abundance

Jennifer Howard
As Americans struggle with an increasing cost of living, a new poll suggests that the public prefers leaders who create prosperity by taking on concentrated corporate power over those who focus on removing government barriers. Jennifer Howard argues that this reflects a growing recognition that corporations block abundance because they profit from artificial scarcity. She describes how businesses consolidate and then engineer limits to extract wealth. She writes that to achieve shared abundance we have to confront corporate power.
Antitrust and Competition

What the FTC v Meta Case Teaches About Big Tech Harms

Georgios Petropoulos
Georgios Petropoulos, Geoffrey Parker and Marshall Van Alstyne review what the Meta antitrust case reveals about its merger and acquisition strategy and what lessons...
Antitrust and Competition

Collective Action and the Lawyers—Take Antitrust Off the Table

Eleanor Fox
Eleanor Fox argues that the leading law firms should have immediately and collectively resisted President Donald Trump’s attacks. Strong, timely collective resistance may have helped staunch democratic backsliding and prevented normalization of repeated, speech-chilling demands. Doing so, however, the firms would have faced the risk of violating the antitrust laws. This article assesses antitrust’s treatment of political action and argues that the space for protected political action needs to be enlarged.
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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.