Eleanor M. Fox is the Walter J. Derenberg Professor of Trade Regulation Emerita at New York University School of Law. She is an expert in antitrust and competition policy, and teaches, writes, and advises on competition policy in nations around the world and in international organizations. She has a special interest in developing countries, poverty, and inequality, and explores how opening markets and attacking privilege, corruption, and cronyism can alleviate marginalization and open paths t...| ProMarket
Eleanor Fox argues that the leading law firms should have immediately and collectively resisted President Donald Trump’s attacks. Strong, timely collective resistance may have helped staunch democratic backsliding and prevented normalization of repeated, speech-chilling demands. Doing so, however, the firms would have faced the risk of violating the antitrust laws. This article assesses antitrust’s treatment of political action and argues that the space for protected political action need...| ProMarket
Eleanor Fox writes that the paradigm shift in United States antitrust is not best understood as an embrace of neo-Brandeisian anti-bigness ideas but rather a rejection of neoliberal principles that have prevented effective antitrust regulation for decades. The shift encompasses the concerns and efforts of centrists, progressives, and neo-Brandeisians.| ProMarket
A key distinction in economic viewpoints that goes oft-unnoticed is between pro-business and pro-market. A good bellwether to where someone stands on the pro-business/market continuum is his/her stance on antitrust policy: pro-business usually favors incumbents, while pro-market calls for aggressive antitrust enforcement to facilitate competition. “I would not dispute that even a monopoly-ridden market would be preferable to any economic system trying to operate without any kind of a market...| ProMarket
An outlet for insiders to speak freely (as they remain anonymous to the reader) on what they perceive as problematic practices in their own industry – with an emphasis on how the industry tweaks the rules of the game and captures regulation. “People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices. It is impossible indeed to prevent such meetings, by any law which ...| ProMarket
