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Is the SEC’s Whistleblower Program Distorting Enforcement?

Using a proprietary dataset, Dave Jochnowitz, Steven Singer, and Mona Birjandi analyze trends in the Securities and Exchange Commission’s whistleblower program. They find that sanctions have concentrated in a select few violation categories, raising the possibility that the program is structurally guiding enforcers to focus on certain violation types to the neglect of others.

How To Rebuild Trust in America

Matt Lucky reviews Jimmy Wales’ new book The Seven Rules of Trust: A Blueprint for Building Things that Last, now out at Penguin Press.

Antitrust, Big Tech, and the Financial Markets Blind Spot 

In new research, Anik Bhaduri discusses how current antitrust enforcement is insufficient to address the economic influence of Big Tech companies. He argues that their market power stems from their privileged position on financial markets and their unique organizational structures, and antitrust reforms should therefore be complemented with reforms to corporate and securities law to effectively address the concentration of private power.

How To Enforce the Robinson-Patman Act Without Reinventing Its Intent

The antitrust agencies’ revival of the Robinson-Patman Act risks undercutting legitimate business practices that benefit consumers. However, there is a role the Act can play in protecting small businesses, writes Darren Tucker.

Why Big Business Loves Costly Regulations   

In new research, Luca Macedoni and Ariel Weinberger argue that large firms are more likely to lobby in favor of strict industry regulations when they can reduce competition by imposing high fixed costs on smaller, less-profitable firms.

The Pharmaceutical Benefits Manager Settlements Are a Novel Advance for the FTC and Competition Enforcement

In February, the Federal Trade Commission settled with pharmaceutical benefits manager (PBM) Express Scripts. The FTC had sued Express Scripts and two other large PBMs under the long dormant Section 5 of the FTC Act, which targets “unfair methods of competition.” The settlement suggests that the FTC may succeed in addressing the convoluted contracts between PBMs, drug manufacturers, health insurers, and employers that drive up drug prices for Americans. It also opens unchartered territory for antitrust enforcement and the limits of Section 5, argue Fiona Scott Morton and Mariah Smith.

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