The Role of the State

The DOJ’s AdTech Suit Against Google Is Anything but Unconventional

The U.S. Department of Justice and eight states recently sued Google, claiming it runs its digital ad business to unfairly advantage its own business,...

Why the Antitrust Agencies Should Consider Prior Bad Acts in Merger Review

As the federal antitrust agencies consider revising the merger guidelines, they should add consideration of the merging parties’ previous bad acts, write Michael A....

Enrolling Capitalism in the Fight Against Climate Change

Environmentally conscious critics of contemporary capitalism often highlight the system’s permissiveness toward egregious pollutant activities, typically enjoyed by the ultra-wealthy. Using private jet ownership...

Industrial Policy Can’t Ignore Geography

Industrial policy was once so out of fashion that it was jokingly called “the policy that shall not be named.” Now it’s back in...

Reclaiming The Antitrust Law Of Potential Competition Mergers

In order to discuss the Meta/Within merger decision, it is important to understand the legal underpinnings and history of competition merger cases. Most mergers that...

Why “The Jury’s Out” on the Government’s Case Against Google’s Ad Tech Monopoly

Last month, the U.S. Department of Justice and eight states sued Google, claiming it runs its digital ad business to unfairly advantage its own...

An Excessive Evidentiary Burden Sunk the FTC’s Case Against the Meta/Within Merger

In early February, a district court judge rejected the FTC’s preliminary injunction suit to block Meta’s purchase of Within, a developer of a virtual...

Biden Embraces Buy America, Doubles Down on Trade Protection

Industrial policy was once so out of fashion that it was jokingly called “the policy that shall not be named.” Now it’s back in...

How the AT&T Case Can Inform Big Tech Breakups

Breaking up companies that antitrust regulators consider too dominant can be costly and might negatively impact innovation and consumer welfare. As economists and policymakers...

A New Merger Tool Protects Consumers from Limits of the Cournot Effect

The widely accepted Cournot effect assumes that the merger of complementary firms benefits downstream firms and consumers (in addition to the merged firms themselves)...

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