India’s competition law regime has matured during the past decade. The Competition Commission of India (CCI) has rigorously enforced its orders across sectors including pharmaceuticals, manufacturing, real estate and digital markets. Competition appellate forums have also played a key role in shaping precedent, improving predictability and strengthening institutional processes. In 2017, the Competition Appellate Tribunal The post Strengthening the appellate pillar of India’s competition f...| Law.asia
South Korea’s proposed Online Platform Regulation Act has taken multiple turns amid political upheaval, pressure from the United States, and a fiercely competitive domestic tech market. Hwang Lee explores how global geopolitics, strong domestic platforms, and the "Brussels Effect" are reshaping the country’s approach to digital regulation.| ProMarket
The following is an adapted excerpt from “Monopoly Politics: Competition and Learning in the Evolution of Policy Regimes” by Erik Peinert, now out at Oxford University Press. Read it at ProMarket >>| ProMarket
ProMarket interviews Magali Eben and Giorgio Monti about changes to the disclosure policy of the The Academic Society for Competition Law (ASCOLA) and the broader conversation on conflicts of interest in antitrust and competition scholarship. Read it at ProMarket >>| ProMarket
In new research, Axel Gottfries and Gregor Jarosch develop a model to understand how wage-fixing cartels operate and show how to gauge the harm they cause to workers.| ProMarket
In new research, Claire Liu and Jared Stanfield examine how relationships between corporate leaders and the United States president enable firms to capture regulation and avoid antitrust scrutiny. Read it at ProMarket >>| ProMarket
Herbert Hovenkamp reviews Epic Games’ lawsuits against Apple and Google for restraining users’ ability to access Epic’s offerings through third-party app stores. A comparison of the two ecosystems sheds light on what remedies would improve benefits to consumers and how the Department of Justice’s own lawsuit against Apple may fare. Read it at ProMarket >>| ProMarket
Diana Moss reviews four recent examples of the Trump administration weaponizing antitrust and regulation to stifle opposing ideological and political viewpoints. Read it at ProMarket >>| ProMarket
Judge Amit Mehta will shortly provide his remedy to Google’s monopoly in internet search. Fiona Scott Morton and Paul Heidhues argue that the remedy must include a cap on Google’s payments to the mobile phone manufacturers, carriers, and web browsers that propelled its monopoly. Because any outright ban risks harming Google’s current partners in the short term, Judge Mehta should consider pursuing a flexible ban that instead limits the revenue these partners can receive from Google in o...| ProMarket
Fiona Scott Morton introduces her new book on how regulators and policymakers can promote competition and fairness in digital markets.| ProMarket
In recent weeks, a spate of mergers has been announced in telecommunications markets. The activity endangers Americans’ access to affordable and reliable internet services. Rather than continue to depend on private companies to provide essential internet services, cities should look to the many communities that have provided significantly lower-cost and higher-quality public internet connectivity, writes Sean Gonsalves.| ProMarket
As India contemplates adopting its Digital Competition Bill, Amber Darr and Madhavi Singh examine lessons from the European Union’s and United Kingdom’s legislative forays into digital markets. They argue that India must rethink its reliance on formal long-form enforcement and invest in regulatory capacity if it hopes to deliver an ex ante regime for a fair and contestable digital economy.| ProMarket
There are many differences between European and American antitrust regulation, but recent enforcement against Big Tech shows that in the most important ways they are converging on an anti-monopoly philosophy, writes Paul Friederiszick.| ProMarket
Allen Grunes comments on the core continuity in antitrust enforcement between the Biden and second Trump administrations. He argues that the continuity reflects, in Zephyr Teachout’s words, the “homecoming” of antitrust to the “domain of law.” The following is a revised version of remarks Grunes delivered at the Loyola Antitrust Colloquium in April.| ProMarket
Karina Montoya reflects on the end of the remedies phase of the Department of Justice’s case against Google for monopolizing the online search market. She argues that Google’s warnings against divestiture of its browser, Chrome, fall short and that a breakup will benefit the security of the internet, innovation, and users.| ProMarket
Theodosia Stavroulaki reviews how the involvement of private equity in American healthcare leads to, among other negative outcomes, burnout and stress among healthcare workers, particularly physicians. She writes that the consequences could cripple America’s healthcare system.| ProMarket
Recent government wins against Big Tech demonstrate the prudence of proactively stopping consolidation in the emerging AI startup ecosystem to prevent harm to innovation and consumers. OpenAI’s recent acquisition of Windsurf raises these competition concerns. The antitrust agencies should block it.| ProMarket
Robert I. Field argues that private equity’s impact on price competition among nursing homes is limited because prices are mostly determined by Medicaid. However, private equity does impact quality and labor outcomes, which deserve greater government scrutiny.| ProMarket
Brent Fulton discusses private equity’s investments in hospitals and assesses the risks it presents to key stakeholders: private equity investors, debt investors, patients, and the government. He argues financial transparency regulation is needed so fraudulent transfer and bankruptcy laws can be enforced to reduce uncompensated risk being borne by patients and the government (ultimately taxpayers).| ProMarket
The artificial intelligence market is rapidly developing but antitrust regulators are failing to update their policies, write Tennessee Attorney General and Reporter Jonathan Skrmetti and Kevin Frazier. Regulators’ passiveness risks repeating what happened to social media markets, where a few tech giants were able to acquire nascent competitors and dominate the market. The authors propose three policies to help maintain a competitive AI market.| 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
Anthony T. LoSasso, Ge Bai, and Lawton Robert Burns argue that critics of private equity’s involvement in healthcare ignore that it is often the only financial lifeline available to distressed healthcare providers and can introduce an improvement in outcomes, including quality of care.| ProMarket
Melissa Newham reviews how investors can alter the incentives and behavior of pharmaceutical companies to reduce competition and consumer welfare through common ownership and “rollup” deals.| ProMarket
Over the last year, the United States government has demonstrated increased concern about private equity’s involvement in health care. Barak Richman and Richard Scheffler discuss why the government’s actions have not yet matched the energy of its words and how academics and policymakers must continue to investigate private equity’s influences as they devise policy to […]| ProMarket
In the wake of Democrats’ losses in 2024, progressives should focus on how antitrust can support a lower cost of living and increase consumer access to essential goods and services, writes Diana Moss.| ProMarket
The following is a transcript of Principal Deputy Assistant Attorney General Roger Alford and former Principle Deputy Assistant Attorney Doha Mekki in conversation with Bloomberg reporter Josh Sisco.| ProMarket
Herbert Hovenkamp writes that the court presiding over the Google Ad Tech case gave the government an important win. However, by relying on the per se tying rule instead of rule of reason, the court perpetuated a flawed court precedent that can preclude serious market analysis for competitive harms.| ProMarket
The Federal Trade Commission’s case against Meta for monopolizing personal social media through its acquisitions of Instagram and WhatsApp serves as a warning of allowing Big Tech companies to acquire nascent competitors in the artificial intelligence market through quasi-mergers that dodge government scrutiny. Based on new research, Alexandros Kazimirov argues that antitrust agencies can look at a combination of circumstantial evidence, including market product proximity, price premiums an...| ProMarket
In new research, Xuelin Li, Sijie Wang, Jiajie Xu, and Xiang Zheng find that the involvement of specialized venture capital firms influences a biotech startup’s drug portfolio by focusing research and development on fewer products.| ProMarket
The following is a transcript of Federal Trade Commission Chair Andrew Ferguson's Keynote Address at the 2025 Stigler Center Antitrust and Competition Conference. A transcript of Ferguson's accompanying interview with University of Chicago law professor Eric Posner, and the subsequent audience Q&A, will be published next week.| ProMarket
Elizabeth Popp Berman writes that the history of the antimonopoly movement and industrial policy in the United States shows that antitrust and industrial policy, currently considered by many to be in conflict, can complement each other in pursuit of shared goals.| ProMarket
Tim Brennan finds the new shift in antitrust thought and enforcement connected to the Neo-Brandeisian movement to be flawed for the most part. However, he writes that a reinvigorated focus on tacit collusion, which some have blamed on the rise of prices for groceries and apartment rents, may deserve consideration and further study.| ProMarket
John B. Kirkwood explains six ways in which Big Tech’s alliances with AI startups could harm competition, making clear that the antitrust agencies have good reasonto monitor and investigate them.| ProMarket
Erik Hovenkamp reviews the findings of Judge Amit Mehta’s ruling against Google for monopolizing the internet search market and discusses what the case will mean for the other ongoing Big Tech cases and the future of antitrust.| 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
John W. Mayo reviews whether or not the articulated principles and priorities of the Neo-Brandeisian movement in antitrust scholarship and enforcement represent a “paradigm shift,” per the philosophy of Thomas Kuhn. Mayo finds that the Neo-Brandeisian discourse is best understood as situated within the continuum of the current antitrust paradigm, and that many of its efforts to substantiate its distinctive ideas have failed to properly ground them in empiricism or repudiate existing studies.| ProMarket
In the first of two articles, Ioannis Lianos analyzes the implications of Mario Draghi’s report on the future of European Union competitiveness. He explores its suggestions for protecting competition, moving to an ex-ante regulatory regime, and moving beyond traditional consumer welfare goals, dispelling exegesis from those who cite the report in support of and against current competition policies.| ProMarket
Douglas Ross writes that for most of its history, the Federal Trade Commission did not rely on the Chevron doctrine to enforce its mandate to prohibit “unfair methods of competition” and “unfair or deceptive acts or practices.” Thus, Loper Bright will not significantly alter the FTC’s historical role in regulating competition. However, the Chevron doctrine could have been a useful ally to the current FTC, which under Chair Lina Khan has pursued more ambitious rulemaking, such as to ...| ProMarket
Steve Salop explores the basis for warranting strong remedies in the Google Search case and the set of remedies Judge Amit Mehta might consider for restoring competition in the search market by jump-starting the competitive process.| ProMarket
On September 10, the highest judicial authority in the EU, the Court of Justice, will rule on Google Shopping, closing a case opened 15 years ago and instrumental in changing the narrative on Big Tech. Christian Bergqvist summarizes the history of Google Shopping and discusses its possible outcomes.| ProMarket
Stacey Dogan writes that antitrust regulators in the United States and Europe are right to investigate Big Tech-AI partnerships. Even if AI markets remain competitive today, history and economics show that the Big Tech companies will push to monopolize segments of the AI market if given the opportunity. The investigations serve as a deterrent against anticompetitive behavior and give the regulators access to the knowledge and information that will be necessary to detect anticompetitive patter...| ProMarket
Matt Perault writes that there is little indication that Big Tech investments in artificial intelligence startups are harming competition. In fact, the opposite is likely true. Antitrust regulators should instead focus their attention on the real threat to AI competition: rules and regulations that will make it harder for startups that to compete with large tech companies.| ProMarket
A United States federal court has found Google in breach of the Sherman Act by pursuing default status for Google Search and Google Chrome. However, Google's motives and the precise ways in which Google Search’s default status serves its interests remain poorly understood by the public and the antitrust community. They pertain to preventing users from migrating to competitors’ offerings in general and, in particular, to capturing user migration to next-generation platforms to access and s...| ProMarket
The following is an excerpt from Austin Frerick's new book, “Barons: Money, Power, and the Corruption of America’s Food Industry,” now out at Island Press.| ProMarket
Fiona Scott Morton and David Dinielli show how landmark antitrust cases historically have cleared the path for innovation in the next “frontier technology.” But with closing arguments in the search monopoly case just days away, Google threatens to evade this round of rigorous new competition. It reportedly is in talks to place its own artificial intelligence tool on Apple devices as it did in the case of search. Such a maneuver would entrench Google’s search monopoly and place Google i...| ProMarket
The Department of Justice is rumored to be planning to sue Live Nation-Ticketmaster for monopolizing markets for live events. Diana L. Moss explores what potential remedies the government might pursue to address competitive harms in markets such as ticketing for concert venues and sports arenas, and ticket resale, including the viability of breaking up the company.| ProMarket
In new research, Yonghong An, Michael A. Williams, and Mo Xiao find that increases in an academic journal’s subscription price and its publisher’s market share leads to fewer article citations, hindering knowledge creation and research collaboration.| ProMarket
A federal judge recently blocked the proposed merger of JetBlue and Spirit airlines on antitrust grounds, reversing antitrust enforcers’ recent history of waving through airline industry consolidation. However, while this decision affirms that mergers designed to reduce competition and raise prices violate antitrust law, it comes too late to undo the damage from 15 years of lax enforcement that allowed radical consolidation in the airline industry.| ProMarket
In contrast to a recent paper that argues the decline in antitrust enforcement over recent decades is due largely to the political influence of big business, Herbert Hovenkamp argues that small businesses and trade associations have historically had more influence over antitrust policy, often lobbying for less competition and higher prices.| ProMarket
