Antitrust and Competition

Bilal Sayyed: The Draft Merger Guidelines Abandon the Persuasiveness of their Predecessors

Bilal Sayyed provides his round-one comments on the draft Merger Guidelines. To read more from the ProMarket Merger Guidelines Symposium, please see here. For revised Merger Guidelines to retain...

Modernizing the IRS Presents an Opportunity To Level the Economic Playing Field

Corporate America makes sport of gaming the tax authorities, especially after decades of budget cuts to the IRS. What dominant corporations make by hiring expensive tax and lobby teams to distort the rules in their favor, smaller businesses, workers, and the general public are forced to cover with higher taxes and worsened services. Competition shouldn’t hinge on who has more pull over the tax rules and how they’re enforced. Decisions made over the next year to modernize the IRS present a historic opportunity to shape a less entrenched and more competitive economy, writes Niko Lusiani.

Family Ties and the Boundaries of the Firm in Antitrust Enforcement

In new research, Mariana Pargendler, Maria Luiza Mesquita, and Lucas Víspico study how antitrust authorities in the Global South have used family ties to define business enterprises and analyze mergers and acquisitions for possibly anticompetitive behavior.

Do Antitrust Enforcers Know They Induce Shrinkflation?

The United States has recently experienced shrinkflation. Many companies have downsized their products while keeping prices unchanged or even raising prices. Barak Orbach argues that misguided beliefs that failed antitrust policies enabled the decay of business morality have compromised the understanding of shrinkflation. The phenomenon typically arises when supply shocks or other factors inflate production costs in the economy and competitive pressures limit the ability of businesses to raise prices to pass on cost increases.

What Signal are the Draft Merger Guidelines Sending to Enforcers Elsewhere?

Cristina Caffarra discusses the animating principles and profound changes brought about by the new draft Merger Guidelines, and argues they will resonate with policy makers and enforcers in other jurisdictions.

Eleanor Fox: A Slice of Forgotten History and Its Light on the Future – Changing the Lens on Antitrust

Eleanor Fox provides her round-one comments on the draft Merger Guidelines. To read more from the ProMarket Merger Guidelines Symposium, please see here.

Why Does the FTC Continue To Pursue Losing Cases?

The Federal Trade Commission has recently lost a series of cases seeking to prevent Big Tech mergers and acquisitions. Jay Ezrielev offers several possible explanations for why the FTC continues to pursue these bad cases and suggests how the agency can refocus its energies to better serve its mission to protect competition going forward.

Cory S. Capps and Leemore Dafny: A Conversation on the Draft Merger Guidelines

Cory S. Capps and Leemore Dafny provide their round-one comments on the draft Merger Guidelines.

Carl Shapiro: Why Dropping Market Power from the Merger Guidelines Matters

Carl Shapiro provides his round-one comments on the draft Merger Guidelines.

Latest news