Ohio v. American Express: Clarence Thomas Sets Sail on a Sea of Doubt, and, Mirabile Dictu, It’s Still a Bad Idea

SCOTUS Forum. In the first of a roundtable of op-eds on the Supreme Court’s Amex decision of June 25, Chris Sagers harks back to William Howard Taft’s warning that entertaining defenses of patently anticompetitive behavior would be to “set sail on a sea of doubt.” The Amex decision, writes Sagers, shows Taft was right.  

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Glen Weyl: “The Very Structure of Capitalism Is Inherently Monopolistic”

In an interview with ProMarket, Glen Weyl, co-author of the wildly ambitious (and wildly controversial) new book Radical Markets: Uprooting Capitalism and Democracy for a Just Society, talks about antitrust, data as labor, and why he thinks the free market system is not actually free. “The entire business community has been speaking with one voice in the common interest of capital as a class,” he says.  

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DOJ Antitrust Chief Makan Delrahim: “American Antitrust Agencies Likely Have Made More Enforcement Mistakes Than Any of Their Foreign Counterparts”

In a keynote address at the Stigler Center’s Antitrust and Competition: Digital Platforms and Concentration conference, the US Department of Justice’s Assistant Attorney General said antitrust enforcers “should be open and receptive to empirical evidence that companies in digital markets may be engaging in predatory pricing or other exclusionary conduct to drive out competition and cause long-run harm to consumers” and said his own thinking on data has changed. 

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