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Antitrust and Competition

A key distinction in economic viewpoints that goes oft-unnoticed is between pro-business and pro-market. A good bellwether to where someone stands on the pro-business/market continuum is his/her stance on antitrust policy: pro-business usually favors incumbents, while pro-market calls for aggressive antitrust enforcement to facilitate competition.
“I would not dispute that even a monopoly-ridden market would be preferable to any economic system trying to operate without any kind of a market. But given the prevalence or the danger of substantial intrusion of monopoly into the market, the logic of the laissez faire defense of the market against state-intervention collapses and there is called for instead, by its very logic, state-suppression or state-regulation of monopoly practices, which one may wish to call, as Henry Simons called it, an instance of “positive laissez faire” or, as I prefer, as an instance of deliberate departure from laissez faire.” Jacob Viner – The Intellectual History of Laissez Faire (1960)

Antitrust and Competition

The Business Interests That Promoted Cost-Benefit Analysis and Originalism Will Also Kill Them

Jonathan Masur
In a new paper, Jonathan Masur and Eric Posner argue that although cost-benefit analysis and originalism seem to belong to different legal worlds, they share a common political history of support from many of the same business interests. In recent years, both have gained wide acceptance across the political spectrum. But the ground may be shifting beneath them, and they now face uncertain futures.
Antitrust and Competition

In a Flawed Antitrust Paradigm Shift, Tacit Collusion May Be One Area Worth Exploring

Tim Brennan
Tim Brennan finds the new shift in antitrust thought and enforcement connected to the Neo-Brandeisian movement to be flawed for the most part. However, he writes that a reinvigorated focus on tacit collusion, which some have blamed on the rise of prices for groceries and apartment rents, may deserve consideration and further study.
Antitrust and Competition

Have the Analyses of the U.S. Antitrust Laws’ Tests of Illegality and Their Moral Desirability Undergone Paradigm Shifts?

Richard Markovits
Richard S. Markovits discusses the tests of illegality promulgated by United States antitrust law and their moral desirability. He also considers whether there have been any recent shifts in the paradigmatic approaches that are taken to these and other antitrust law/policy issues.
Antitrust and Competition

The Biden Competition Policy Paradigm Has Been Primarily Post-Chicago, Not Neo-Brandeisian

Steven Salop
Steven C. Salop writes that the Biden administration oversaw a paradigm shift in antitrust, but it was the full adoption of the ideas of the Post-Chicago school, whose intellectual influence has countered Chicago since the 1980s, rather than the empowerment of the Anti-Monopoly or Neo-Brandeisian school of thought. This latter school of thought played an important role by motivating increased enforcement and corralling political support, even if it did not lead to cases that could not have been brought by Post-Chicagoans.
Antitrust and Competition

After Neo-Brandeis

Daniel Francis
Daniel Francis reviews the evolutionary and revolutionary dimensions of the Biden administration’s antitrust work, and argues that these two projects have been in deep tension. He concludes that the administration’s evolutionary work within the welfarist paradigm has generated some important successes, but that the revolutionary effort to restore a pre-welfarist vision of antitrust has failed on its own terms — and, in failing, has left welfarism all the stronger.
Antitrust and Competition

The Ruling Against American Airlines-JetBlue Provides a Chance To Reform Antitrust’s Rule of Reason

Herbert Hovenkamp
Herbert Hovenkamp writes that the First Court’s recent ruling against American Airlines and JetBlue for coordinating operations in New York City and Boston exemplifies the correct application of antitrust’s rule of reason, which has troubled courts and plaintiffs and led to underenforcement for decades.
Antitrust and Competition

Designing Google Search Antitrust Remedies To Ignite Competition

Alissa Cooper
In a new report from the Knight-Georgetown Institute, Alissa Cooper, Jasper van den Boom, and Zander Arnao examine how to make remedies most effective in the Google Search antitrust case. They argue that restoring competition in online search requires a comprehensive package of remedies that takes into account the multiple levers by which Google Search built, maintains, and could rebuild its monopoly.
Antitrust and Competition

The Rise of the Antitrust Consensus Against Neoliberalism

Eleanor Fox
Eleanor Fox writes that the paradigm shift in United States antitrust is not best understood as an embrace of neo-Brandeisian anti-bigness ideas but rather a rejection of neoliberal principles that have prevented effective antitrust regulation for decades. The shift encompasses the concerns and efforts of centrists, progressives, and neo-Brandeisians.
Antitrust and Competition

Thomas Kuhn and the Structure of an Antitrust “Revolution”

John Mayo
John W. Mayo reviews whether or not the articulated principles and priorities of the Neo-Brandeisian movement in antitrust scholarship and enforcement represent a “paradigm shift,” per the philosophy of Thomas Kuhn. Mayo finds that the Neo-Brandeisian discourse is best understood as situated within the continuum of the current antitrust paradigm, and that many of its efforts to substantiate its distinctive ideas have failed to properly ground them in empiricism or repudiate existing studies.
Antitrust and Competition

Rebuttable Structural Presumptions Improve Merger Review

Filippo Lancieri
In new research, Filippo Lancieri and Tommaso Valletti analyze the shortcomings of the current merger review system and defend stronger rebuttable structural presumptions as an important step forward.
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The publication of the Stigler Center at The University of Chicago Booth School of Business

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.