The Role of the State

Verizon Communications Inc. v. Trinko departed from the legal principles regulating refusals to deal under Section 2 of the Sherman Act. The 2004 Supreme Court opinion also embedded an ideological preference for non-intervention that has spread to other areas of antitrust law, eroding its ability to deter anticompetitive conduct. On its own terms, however, there are opportunities to distinguish and constrain Trinko, writes Andrew I. Gavil.

Eric Posner provides his thoughts on the draft Merger Guidelines.

Michal Gal discusses the regulatory hurdles to deal with the impacts of algorithmic price collusion. In the meantime, she says, market fixes include algorithmic consumers and platform nudges to mitigate price coordination.

The Stigler Center for the Study of the Economy and the State hosted its annual antitrust and competition conference in late April. The following is a transcript of the Tim Wu's keynote in conversation with Binyamin Appelbaum of The New York Times.

Without saying how, FTC Commissioner Slaughter says competition authorities should do more than just protect competition in pipeline products; they should protect broader competition...

Economists have proposed two main theories to explain the recent spike in prices. Progressives have attributed the rise in inflation to corporate greed and have suggested price controls in response. Other economists have turned back to the New Consensus in Macroeconomics that arose in the 1970s in response to steep inflation blamed on the large Keynesian fiscal expansion of the preceding decades. Matías Vernengo writes that neither camp has correctly diagnosed the problems with current inflation. Proponents of Greedflation overlook the price stability of the last few decades even as market concentration increased. On the other hand, advocates of the New Consensus similarly forget their history and the commodity shocks and price-wage spiral that were the real culprit for inflation in the 1970s.

Axel Gautier, Ashwin Ittoo, and Pieter van Cleynenbreugel write that the practice of pricing algorithms tacitly colluding remains theoretical for now, and technological obstacles render it very unlikely in the short term. However, regulators must still prepare for a future in which artificial intelligence achieves the necessary sophistication to collude.

The Stigler Center for the Study of the Economy and the State hosted its annual antitrust and competition conference in late April. The following is a transcript of the Susan Athey's keynote in conversation with Tommaso Valletti.

Capital markets are central to capitalism and the functioning of the US economy. Yet, short-selling, an integral part of price discovery in capital markets, has been blamed as a contributor to the recent banking crisis. Lawmakers and interest groups have labeled short sellers opportunists who prey on small investors and the public without justification. The authors shed light on this debate and question the merit of the allegations.

Oliver Budzinski and Victoriia Noskova discuss in their publication why merger simulations are not more widely used by competition authorities and in front of the courts to predict future effects of mergers despite advancements in availability of data, AI and computational power. The institutional setting is an essential factor for computational antitrust tools to be accepted and applied by competition authorities.