Antitrust and Competition

The Ties that Bind Workers to Firms: No-Poach Agreements, Noncompetes, and Other Ways Firms Create and Exercise Labor Market Power

Collusive no-poach agreements are per se illegal, but noncompete clauses are not. Recent research casts doubt on the rationale for this legal distinction and...

Big Tech, the FTC, and Ordoliberals: ProMarket’s Top Stories of 2021

As 2021 draws to a close, we look back at ProMarket’s most-read and most-widely shared stories of the past year. In a year marked by a...

The Best Political Economy Books of 2021

A scholarly examination of market’s power toll on American workers, the collected works of a pioneering economic thinker, an ambitious narrative of US economic...

The Sherman Act and Abuse of Dominance in the Age of Networks

In order to be more effective in networked markets, the US should adopt a version of the EU’s “abuse of dominance” standard that could...

Towards a More Complete Understanding of Market Power and Consumer Harm in Antitrust Law

Antitrust law currently tends to disregard non-consumer harms and the potential influence of companies on policymaking. A new paper explores how antitrust law can...

Populism at the FTC Upsets the Antitrust Religion of Consumer Welfare: A Reply to Sokol and Wickelgren

Institutional change, on any fundamental level, will have those that seek to defend the status quo up in arms. But in order to effectively...

Populism at the FTC Undermines Antitrust Enforcement

The FTC plays an essential role in curbing illegal mergers and monopolies and increasing its enforcement is welcome. But to do so effectively, the...

Why the Mid-20th Century Was Not the Golden Age of Antirust

The New Brandeisian version of American history presumes that there was a mid-20th century golden age of antitrust that was displaced by a misguided...

Antitrust Should Be Used as a Targeted Response to Employer Concentration, But It Can’t Do Everything

A large and growing body of research demonstrates that employer concentration affects the wages of many American workers. Antitrust is an important tool in...

How to Fix the Courts’ Misuse of Economics

Economics has a valuable role to play in antitrust enforcement, but the courts often base their antitrust decisions on unfounded empirical claims or the...

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