Supreme Court

Revisiting Ohio vs. American Express: It’s Time for a More Nuanced Approach to Market Definition

Nearly three years ago, the Supreme Court decided the case of Ohio vs. American Express, which turned out to be one of...

Is Corporate Personhood to Blame for Money in Politics?

Just because corporations are “legal persons” doesn’t mean that they should get all of the same rights as human persons. Yet over...

How American Corporations Used Courts and the Constitution to Avoid Government Regulation

Since the early days of the Republic, corporations have turned the Constitution itself into a shield against unwanted regulation of the economy....

What Is Next for Section 230 Reform?

Section 230 has faced scrutiny from President Donald Trump, the FCC, Supreme Court Justice Clarence Thomas, the US Congress, and even President-elect...

Election Timetabling Is Not the Role of Judges

As wrong as it is that the Wisconsin elections were held under patently unsafe conditions, it is not the place of the courts to...

The States Must Appeal the Decision to Allow the Sprint/T-Mobile Deal

A close review of the court ruling that approved the $26 billion mega-merger reveals a number of mistakes in Judge Victor Marrero’s reasoning, which...

How the Supreme Court Is Rebranding Corruption

In thirteen years of hostile decisions, the Roberts Supreme Court has done all it can to legalize corruption. With the Bridgegate case, it gets...

Editors’ Briefing: This Week in Political Economy (October 1-7)

Brazil's business community rallies around far-right authoritarian; Associate Justice Brett Kavanaugh enters the Supreme Court; Amazon raises its minimum wage to $15 an hour;...

Editors’ Briefing: This Week in Political Economy (September 22–29)

Facebook’s bad week included a new security breach, high-profile resignations and damaging exposés; tech giants are spending billions on physical infrastructure and lobbying for...

How Might A Justice Kavanaugh Impact Antitrust Jurisprudence?

Throughout his judicial career, the US president’s latest nominee to the Supreme Court, Brett Kavanaugh, has written three antitrust opinions. Here, Stephen Calkins of...

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George Stigler on Henry Simons, “Crown Prince” of the Chicago School

To mark 75 years since the passing of Henry Simons, professor of Economics and Law at the University of Chicago, ProMarket is...

Electoral College Reform: New Problems or Real Solutions?

Each electoral system creates specific incentives to (mis)allocate government resources. Would putting the National Popular Vote (NPV) in lieu of the Electoral...

When Do Users Benefit From Platform Mergers?

A new paper shows that platform mergers can harness network effects at the cost of reducing the platform differentiation that users value. 

Harold Demsetz and Israel Kirzner Understood That Competition Regulates Markets

Economists Harold Demsetz and Israel Kirzner challenged the prevailing orthodoxy in microeconomic analysis and public policy beginning with their respective work in...

The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in US Health Care Markets

Harvard Business School professor Leemore Dafny lays out potential reforms to assist agencies in halting anticompetitive acquisitions and practices, and to preserve...