The Role of the State

Rivals’ Exit Should Be Incorporated into the Guidelines for Vertical Merger Evaluation

An exit-inducing vertical merger might reduce welfare even if it is a welfare-enhancing vertical merger absent exit. Therefore, the possibility for rivals’ exit should be incorporated into the guidelines for vertical merger evaluation, write Javier D. Donna and Pedro Pereira in new research.

There Is No Antitrust Exception To Rules Of Statutory Interpretation

Tim Wu responds to a recent ProMarket post by Herbert Hovenkamp which argues for the dismissal of the Supreme Court’s 1962 Brown Shoe decision. Wu says that the Court’s duty is to obey and interpret the intentions of laws set by Congress, and cases cannot be dismissed because they don’t align with a particular policy perspective.

The Convergence of Antitrust Thought in the Late 1930s and Its Subsequent Collapse

In their research, published in History of Economic Ideas, Thierry Kirat and Frédéric Marty stress the importance of the late 1930s in the making of antitrust. The moment was exceptional for its consensus within the economic discipline and the implementation of voluntarist public enforcement, particularly under Thurman Arnold according to the prescriptions of the Second Chicago School, institutionalists, and the preferences of the Neo-Brandeis movement.

Big Banks Must Become Globally Resolvable—or Significantly “Smaller”

The subsidized emergency takeover of Credit Suisse by UBS brings the current global "too big to fail" regime into question. This column argues that an in-depth analysis of the global resolution framework by both regulators and academics is needed. The main question is whether a resolution of a global systemically important bank is indeed feasible in plausible scenarios. An affirmation would clearly be the best possible result of this analysis. However, if such a resolution proves not to be realistic, then there should be no hesitation to drastically reduce the global risks of such institutions via regulation of their business models.

Did the Supreme Court Fix “Brown Shoe”?

The Supreme Court’s 1962 Brown Shoe decision, which found a merger to be anticompetitive even though it would have reduced prices for consumers, remains...

The Antitrust Problem of Zero-Rating

Dominant web services will often incentivize mobile phone carriers to provide their customers access to their services at zero cost to the customer’s data plan, also known as zero-rating. In new research, Bruno Renzetti argues that this behavior can be a form of exclusionary conduct designed to solidify the monopolies of dominant online platforms and services that ultimately harms consumers even if it appears to lower their data costs at first glance.

How To Handle Big Tech Acquisitions Under Uncertainty

The Federal Trade Commission recently failed to stop Meta’s acquisition of virtual reality company Within, while the Department of Justice is now attempting to...

Defer Bank Management’s Compensation for Times of Crisis

Adopting a deferred pay scheme for bank managers would provide them with needed funding during a downturn and would incentivize more conservativism when it comes to risk-taking.

Fair Treatment of Consumers at Any Price?

Many scholars and policymakers have suggested regulating firms’ ability to price discriminate between consumers when they operate in a market prone to inactive users,...

“Consumer Welfare Is Dead”: What Do We Do Instead?—A Perspective from Europe

“Consumer Welfare” has lost its place as the animating value and standard for modern antitrust. The standard is almost universally regarded as bunk and...

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