Commentary

What Is the Role of Efficiency in Merger Review?

Luis Braido builds on Eric Posner and Carl Shapiro’s debate about the role of economics in merger review by further exploring the tension between efficiency and consumer welfare. He argues that efficiency merits endorsement as it boosts productivity, wealth, and social welfare. Nevertheless, he acknowledges that the law favors competition and consumer welfare over efficiency. From his perspective, enlarging the range of remedies available in merger review is central for protecting productivity gains while preserving competition and compensating consumers for adverse impacts.

Mandatory Central Clearing Is Not the Solution to Risk From Single-Name Credit Default Swaps

Single-name credit default swaps help investors manage risk, but the 2023 financial crisis showed how these opaque derivatives can suddenly throw financial markets into turmoil. Randy Priem argues that mandatory central clearing, which some authorities have suggested as a solution to managing this risk, is not the holy grail solution they believe it to be.

The State of the $2 Trillion Local Government Checkbook

Local governments in the United States spend trillions of dollars each year delivering essential services and infrastructure, with enormous implications for our economy and quality of life. Chris Berry and Justin Marlowe examine the links between municipal governance structures and fiscal outcomes, revealing the state of municipal finances today.

The Political Economy of Populism in India

Louise Tillin explores the sources of populism in India, its recent developments, and what this means for the country’s 2024 general election, which begins April 19 and ends June 1.

The Case For Why the Department of Justice Should Break Up Live Nation-Ticketmaster

The Department of Justice is rumored to be planning to sue Live Nation-Ticketmaster for monopolizing markets for live events. Diana L. Moss explores what potential remedies the government might pursue to address competitive harms in markets such as ticketing for concert venues and sports arenas, and ticket resale, including the viability of breaking up the company.

Do Revenue Management Platforms Like RealPage Facilitate Illegal Algorithmic Collusion?

A growing number of companies offer artificial intelligence-powered revenue management platforms, which leverage big data and sensitive business information from multiple firms to optimize pricing, output, and other operational decisions for their clients. Over the past 18 months, dozens of antitrust lawsuits have alleged that such platforms facilitate price-fixing among rivals. Barak Orbach explores the strength of the allegations and the antitrust implications of such revenue management platforms.

Cung Le v. Zuffa Promised To Change the UFC. What the Settlement Means for MMA Fighters and the Industry

On March 13, the Ultimate Fighting Championship settled several lawsuits, including Cung Le v. Zuffa, which was scheduled to go to trial in April. The plaintiffs in Cung Le had accused the mixed martial arts organization of several anticompetitive behaviors that led to the suppression of fighter wages. Stephen F. Ross and Gurtej Grewal recount the facts of the case and what the settlement might mean for the industry.

How To Fix Flying in the U.S.

William J. McGee argues that airline deregulation in the United States has not delivered on its promised benefits of lower fares, increased safety, and more competition, but instead has led to industry consolidation, regional inequality, and degradation of passenger rights. McGee proposes a suite of policy recommendations to address these issues, including measures to expand geographic networks, increase airport access, encourage new entrants, simplify pricing, and improve passenger rights, labor, and safety standards.

If You Care About the Climate, Should You Be Anti-AI?

Environmentally conscious critics of artificial intelligence worry about the massive amounts of energy and fresh water its data centers require. Alessio Terzi writes that in the long term, and with the help of government regulation, the benefits of AI-accelerated innovation will outweigh the short-term environmental costs we now observe.

Are We Tumbling Toward an Adults-Only Internet?

Meg Leta Jones, Mac Milin Kiran and Cal Newport argue that the introduction of age verification mechanisms in proposed child online safety legislation may unintentionally result in an adults-only internet, as platforms opt to deny access to children rather than implement complex compliance measures. This potential outcome necessitates a fundamental debate about the intended audience of the internet and the balance between protecting children and preserving their rights to access and expression in the digital realm.

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