The Role of the State

William Megginson, Kedi Wang, and Junjie Xia find in new research that the Chinese Communist Party’s anti-corruption campaign produced worse firm performance by reducing managers’ risk tolerance.

Zephyr Teachout provides her Round-Two comments on the draft Merger Guidelines.

The Chinese Communist Party drastically reduced Hong Kong’s autonomy in 2020 with a national security law and has cracked down on resistance ever since. The consequences have left its people culturally and economically poorer, writes Casey Moser.

In light of the rise of generative artificial intelligence (AI) and recent debates about the socio-political implications of large-language models and chatbots, Manuel Wörsdörfer analyzes the strengths and weaknesses of the European Union’s Artificial Intelligence Act (AIA), the world’s first comprehensive attempt by a government body to address and mitigate the potential negative impacts of AI technologies. He recommends areas where the AIA could be improved.

Erin Carroll writes that the lack of public access to the Google search antitrust trial has resulted in unprecedented secrecy which, she writes, could undermine the public’s trust in the outcome and start a dangerous trend amongst other Big Tech companies facing similar trials. 

Nicolas Petit and Lazar Radic refute common critiques of the consumer welfare standard. A second article will discuss the advantages and disadvantages of different antitrust standards, underscoring some points often ignored by the critics of the consumer welfare standard.

Government regulators may reduce corporate fines for criminal behavior if the fines threaten the firm’s survival, thus posing harms to employees and society. In a recent paper, Nathan Atkinson explores the frequency with which government regulators reduce fines and evaluates if these reductions are justified or if regulators are undermining their own capabilities to deter bad behavior and fully compensate harmed parties.

In new research, Manuel Wörsdörfer compares the philosophies of two formative antitrust thinkers writing in the late 19th and early 20th centuries in the United States and Europe: Louis D. Brandeis and Walter Eucken. A discussion of their body of thought highlights the antitrust concerns of the time and how their positions can be adapted to today’s regulatory environment, particularly regarding Big Tech.

The draft Merger Guidelines seek to reduce mergers and acquisitions, especially those that remove potential entrants. However, precluding acquisitions in those settings ignores both what incentivizes startups and investors to take initial risks, as well as the advantages that large incumbents have to parlay acquisitions into further innovation and an array of widely commercialized consumer products. The overall effect may dampen innovation, write Ginger Zhe Jin, Mario Leccese, and Liad Wagman.

Big Tech’s efforts to push Federal Trade Commission Chair Lina Khan and Assistant Attorney General Jonathan Kanter to recuse themselves from participating in lawsuits against the companies due to prior work have no legal basis and are naked efforts to weaken agency enforcement, writes Laurence Tribe.