Antitrust and Competition
Some policymakers claim that weak antitrust enforcement has led to reduced competition—especially among large digital platforms. In response, they are calling for new regulatory restrictions. Mercatus research suggests that such restrictions could slow the most dynamic sectors of the economy. The research instead recommends a better approach: free markets where robust competition lowers costs, fuels innovation, and expands prosperity for all.
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Latest work in Antitrust and Competition
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Reserve Judgment: The FTC Takes on Amazon’s Ad Auctions | Truth on the Market
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- | Policy Briefs Policy Briefs
One National Market, Fifty Antitrust Vetoes
A law-and-economics case for complementary state enforcement -
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Competing Too Well: Europe’s New Guide to Dominance | Truth on the Market
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- | Public Interest Comments Public Interest Comments
The Federal Trade Commission’s Proposed Enforcement Policy Statement Regarding Personalized Pricing
The FTC should target deceptive personalized pricing while preserving individualized discounts that can benefit consumers and competition -
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Your Price May Vary: The FTC’s Personalized-Pricing Puzzle | Truth on the Market
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Four Patents and a Time Machine: CareFirst and the Perils of Backdated Antitrust | Truth on the Market
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Cartels With Benefits: The Trouble With Extending Labor’s Antitrust Exemption | Truth on the Market
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The Labor Antitrust Exemption and Independent Contractors
Changing antitrust law may not be the best way to protect gig workers from growing labor-market challenges -
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- | Public Interest Comments Public Interest Comments
Re: Response to Request for Information (RFI): Commonsense Policy Options to Lower Drug Prices for Patients
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- | Expert Commentary Expert Commentary
AI Chatbots Are Helping Youths Improve Their Mental Health | DC Journal
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- | Public Interest Comments Public Interest Comments
Comments on the Section 301 Investigation Regarding Germany’s Persistent Underpayment for Innovative Pharmaceutical Products
Submission to the United States Trade Representative (USTR), Docket Nos. USTR-2026-0463 and USTR-2026-0464 -
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Too Many Cooks Spoil the Settlement | Truth on the Market
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New Jersey’s War on Pricing Software Won’t Build More Apartments | Truth on the Market
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The SEARCH Act Copies Europe’s Homework—and Its Mistakes | Truth on the Market
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Competition Law’s Fairness Gap: Why Better Procedure Requires Better Incentives | Truth on the Market
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Right Diagnosis, Wrong Cure: Examining the True Cost of Drug Price Controls
The Mercatus Center hosted a discussion examining the true cost of drug price controls and the impacts on healthcare affordability, medicinal R&D, and innovation -
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Lightning in a Bottleneck: How Regulatory Gridlock Is Choking America’s Energy Boom | Truth on the Market
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Fixing Patent Eligibility Is an Easy Win for Innovation | The Daily Economy
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Android and the Art of Regulatory Self-Harm | Truth on the Market
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Right Diagnosis, Wrong Cure | Regulation
Latest work in Antitrust and Competition
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Reserve Judgment: The FTC Takes on Amazon’s Ad Auctions | Truth on the Market
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- | Policy Briefs Policy Briefs
One National Market, Fifty Antitrust Vetoes
A law-and-economics case for complementary state enforcement -
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Competing Too Well: Europe’s New Guide to Dominance | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Public Interest Comments Public Interest Comments
The Federal Trade Commission’s Proposed Enforcement Policy Statement Regarding Personalized Pricing
The FTC should target deceptive personalized pricing while preserving individualized discounts that can benefit consumers and competition -
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Your Price May Vary: The FTC’s Personalized-Pricing Puzzle | Truth on the Market
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Four Patents and a Time Machine: CareFirst and the Perils of Backdated Antitrust | Truth on the Market
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Cartels With Benefits: The Trouble With Extending Labor’s Antitrust Exemption | Truth on the Market
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- | Policy Briefs Policy Briefs
The Labor Antitrust Exemption and Independent Contractors
Changing antitrust law may not be the best way to protect gig workers from growing labor-market challenges -
- | Antitrust and Competition Antitrust and Competition
- | Public Interest Comments Public Interest Comments
Re: Response to Request for Information (RFI): Commonsense Policy Options to Lower Drug Prices for Patients
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
AI Chatbots Are Helping Youths Improve Their Mental Health | DC Journal
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- | Antitrust and Competition Antitrust and Competition
- | Public Interest Comments Public Interest Comments
Comments on the Section 301 Investigation Regarding Germany’s Persistent Underpayment for Innovative Pharmaceutical Products
Submission to the United States Trade Representative (USTR), Docket Nos. USTR-2026-0463 and USTR-2026-0464 -
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Too Many Cooks Spoil the Settlement | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
New Jersey’s War on Pricing Software Won’t Build More Apartments | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
The SEARCH Act Copies Europe’s Homework—and Its Mistakes | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Competition Law’s Fairness Gap: Why Better Procedure Requires Better Incentives | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Event Video Event Video
Right Diagnosis, Wrong Cure: Examining the True Cost of Drug Price Controls
The Mercatus Center hosted a discussion examining the true cost of drug price controls and the impacts on healthcare affordability, medicinal R&D, and innovation -
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Lightning in a Bottleneck: How Regulatory Gridlock Is Choking America’s Energy Boom | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Fixing Patent Eligibility Is an Easy Win for Innovation | The Daily Economy
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Android and the Art of Regulatory Self-Harm | Truth on the Market
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Right Diagnosis, Wrong Cure | Regulation
Latest work in Antitrust and Competition
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Is Data Really a Barrier to Entry?
Rethinking Competition Regulation in Generative AI -
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Is Data Really a Barrier to Entry? Rethinking Competition Regulation in Generative AI
Fears of data scarcity and monopolization are unfounded and risk leading to overregulation. -
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On the Origin of Platforms: An Evolutionary Perspective
Government interventions in digital markets can be misguided, harmful, and contrary to market forces -
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Harm to the Competitive Process in the Google Case
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Memes and Myths of Antitrust
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Artificial Intelligence and Antitrust Law: A Primer
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Unfair Methods of Competition under Section 5 of the Federal Trade Commission Act: What Is the Intelligible Principle?
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Trade, Competition and Domestic Regulatory Policy
Trade Liberalisation, Competitive Markets and Property Rights Protection -
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The Case for Continued Light-Touch Regulation of Freight Railroads
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The Role of Institutions and Policy in Balancing Privacy and Information Sharing in the Digital Economy
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Tech Platforms and Market Power: What’s the Optimal Policy Response?
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The Globalization of Antitrust
Spreading the Consumer Welfare Standard Worldwide -
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Evaluating Arguments for Antitrust Action Against Tech Companies
The Benefits of Sticking with the Consumer Welfare Standard -
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Big Business
A Love Letter to an American Anti-Hero
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Uncreative Destruction: The Misguided War on Vertical Integration in the Information Economy
Latest work in Antitrust and Competition
Latest work in Antitrust and Competition
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What the Union Pacific–Norfolk Southern Merger Reveals About Rail Merger Policy
Regulations governing rail mergers should better align competitive goals with realistic enforcement capacity -
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The Case for Algorithmic Pricing: Consumer Welfare, Market Efficiency, and Policy Missteps
Pricing algorithms are neutral tools that can be used to benefit both businesses and consumers -
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Prioritizing Innovation in Antitrust Merger Analysis
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Unintended Consequences: The Real Effects of Populist Antitrust Policies on Competition and Small Enterprises
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Conceptual Frameworks to Guide When to Replace Competition Law with Rules
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Proceedings of the 2024 Annual Mercatus Center Antitrust Forum
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From Enforcement to Rulemaking: Evaluating the FTC’s Approach to Deceptive Earnings Claims
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Decoding the 2023 FTC and DOJ Merger Guidelines: Insights into Shifting Antitrust Enforcement
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New Merger Guidelines Treat a Proposed Merger Like Schrödinger’s Cat
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Antitrust Enforcement in 2023: Year in Review for the Federal Trade Commission and the Department of Justice
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Reforming the Federal Trade Commission
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Gerrymandering Redux: The Relevant Market under the Draft Merger Guidelines
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The Rule of Law and the Draft Merger Guidelines
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The Robinson-Patman Act: A Statute at Odds with Competition and Economic Welfare
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Privacy Policy and the Future of the Online Economy
How Changes in Policy May Affect Digital Advertising and the Market for Online Services -
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The Federal Trade Commission Lacks Rulemaking Authority to Enforce the Prohibition on Unfair Methods of Competition
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Protecting Children Online: Evaluating Possible Reforms in the Law and the Application of COPPA
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Antitrust Enforcement and the Rule of Law
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Developments in Competition Policy during the Second Year of the Biden Administration
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California May Be Trying to Evade the Consumer Welfare Standard in Its Antitrust Lawsuit against Amazon
Latest work in Antitrust and Competition
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The Problem with a Federal Ban on Noncompete Agreements
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Is Weak Antitrust Enforcement Harming American Competition?
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Antitrust Policy and the Consumer Welfare Standard
Latest work in Antitrust and Competition
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Efficient Infringement Rewards Copycats and Erodes Competition | IPWatchdog.com
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When Should We Recognize Something as a Property Right? | Federalist Society Forums
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Creative Discussion, With Alden Abbott | ITIF Podcast
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Here Are the Supreme Court Arguments for and Against Trump’s Tariffs | Marketplace Radio
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DOJ v. Google: What to Expect With Ad Tech Remedies | ITIF Tech Policy Podcast
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US-China Artificial Intelligence Competition Intensifies | American Radio Journal
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Why Are Medicine Prices So High in America? | The Brian Nichols Show
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Trump’s Attempt To Cure Drug Prices Is a Wrong Step in the Right Direction | Moving Forward with Young Voices
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The Drug Act Could Backfire by Raising Costs for Patients and Taxpayers | The Jeff Kennedy Show
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Trump Fired the Two Democrats From the FTC, Is It a Risky Move, or Is It About Time? | Lars Larson Show
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The Pandemic's Effect on Schools and School Choice | The Chris Spangle Show
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If You Expected Trump 2.0 To Be Soft on Antitrust, ‘Think Again’ | Yahoo Finance
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Net Neutrality Reversal | WTAN Radio's Freedom Works
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Federal Courts Have Ended Joe Biden’s Net Neutrality | Lars Larson Show
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Artificial Intelligence and Competition Policy | Concurrences’ “Antitrust Code” podcast
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Should Google Be Forced To Sell Chrome Like the Biden DOJ Wants? | The Lars Larson Show
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Are Social Media Companies Like Meta And Amazon Conducting Vast Surveillance On Users? | Lars Larson Show
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Kroger-Albertsons Merger | Scripps News
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Is the DOJ Right to Sue Live Nation for Antitrust Violations? | Lars Larson Show
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The FTC’s Vote to Ban Noncompetes | WTIC radio’s “The Todd Feinburg Show”
Latest work in Antitrust and Competition
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The Federal Trade Commission’s Proposed Enforcement Policy Statement Regarding Personalized Pricing
The FTC should target deceptive personalized pricing while preserving individualized discounts that can benefit consumers and competition -
- | Antitrust and Competition Antitrust and Competition
- | Public Interest Comments Public Interest Comments
Re: Response to Request for Information (RFI): Commonsense Policy Options to Lower Drug Prices for Patients
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- | Antitrust and Competition Antitrust and Competition
- | Public Interest Comments Public Interest Comments
Comments on the Section 301 Investigation Regarding Germany’s Persistent Underpayment for Innovative Pharmaceutical Products
Submission to the United States Trade Representative (USTR), Docket Nos. USTR-2026-0463 and USTR-2026-0464 -
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- | Public Interest Comments Public Interest Comments
European Commission Consultation on Draft New Merger Guidelines
Creating larger European champions through market consolidation may weaken innovation, while dynamic efficiencies can strengthen the EU’s long-term global competitiveness -
- | Antitrust and Competition Antitrust and Competition
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Joint Public Inquiry by the Federal Trade Commission and the US Department of Justice on Potential Additional Guidance Regarding Collaboration Among Competitors
Updated guidance should recognize that in the AI market, collaboration among firms can be not merely benign but affirmatively procompetitive -
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Foreign Governments’ Ex Ante DMA-Style Rules Harm Competition and Innovation in Digital Markets While Discriminating Against US Firms
Examines how DMA-style digital regulation affects competition, trade, and antitrust policy -
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Comments to the UK Intellectual Property Office on the Proposed Regulatory Framework for Establishing a Rate Determination Track (RDT) to Solve Rate Disputes for Standard Essential Patents (SEPs)
Why UKIPO’s plan for IPEC to set SEP royalty rates threatens innovation, IP rights, and UK competitiveness -
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Consultation on the First Review of the Digital Markets Act
Posted by the European Commission Directorate-General for Competition, Directorate-General for Communications Networks, Content and Technology on July 3, 2025 -
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Omnicom Group Inc. (‘‘Omnicom’’) and the Interpublic Group of Companies, Inc. (‘‘IPG’’); Analysis of Agreement Containing Consent Order to Aid Public Comment
Comment urges FTC to clarify that the Order targets only joint, collusive behavior and not unilateral decisions by Omnicom -
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The Federal Trade Commission’s and the U.S. Department of Justice’s Request for Information on Harmful Practices and on Potential Regulation or Legislation to Protect Consumers in the Concert and Entertainment Industry
Comment urges the FTC and DOJ to target specific anticompetitive conduct and adopt consumer-focused rules instead of structural breakups -
- | Antitrust and Competition Antitrust and Competition
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The Federal Trade Commission’s Request for Information (RFI) on the Identification of Anticompetitive Regulations That Fall Within the Scope of Section 3(a) of the President’s April 9, 2025, Executive Order on Regulatory Barriers
Comment urges the FTC to cut anticompetitive regulations using OECD tools and new econometric models -
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- | Public Interest Comments Public Interest Comments
Comments on Draft Article 102 Guidelines
Comments on the Draft Guidelines on the Application of Article 102 of the Treaty on the Functioning of the European Union to Abusive Exclusionary Conduct by Dominant Undertakings -
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- | Public Interest Comments Public Interest Comments
Draft Merger Guidelines Jointly Proposed by the U.S. Department of Justice and the Federal Trade Commission Are Seriously Flawed in Their Discussion of Merger Case Law
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The European Commission's Draft "Proposal for a Regulation of the European Parliament and of the Council on Standard Essential Patents" is Unnecessary and Harmful
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- | Public Interest Comments Public Interest Comments
A WTO Trips Agreement Waiver to Promote the Dissemination of COVID-19 Diagnostics and Therapeutics Is Unneeded and Would Impose Harm
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- | Antitrust and Competition Antitrust and Competition
- | Public Interest Comments Public Interest Comments
Federal Trade Commission's Proposed Noncompete Clause Rule Requires Rethinking, as a Matter of Law and Policy
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New Merger Guidelines Should Be Concise, Be Administrable, and Avoid Antimerger Bias
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- | Federal Testimonies Federal Testimonies
Addressing Anticompetitive Conduct In Pharmaceutical Markets: Antitrust Enforcement Is Robust and Effective, but Additional Market-Oriented Legal Reform Would be Helpful
US Senate Committee on the Judiciary, Subcommittee on Competition Policy, Antitrust, and Consumer Rights -
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- | Public Interest Comments Public Interest Comments
Pharmaceutical Merger Enforcement Should Be Supported by Evidence and Sound Economic Theory
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- | Federal Testimonies Federal Testimonies
Addressing Anticompetitive Conduct and Consolidation in Healthcare Markets: The Roles of State and Federal Regulation and Antitrust Law
Statement for the Record Submitted to the US Senate Committee on the Judiciary, Subcommittee on Competition Policy, Antitrust, and Consumer Rights
Latest work in Antitrust and Competition
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Reserve Judgment: The FTC Takes on Amazon’s Ad Auctions | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Competing Too Well: Europe’s New Guide to Dominance | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Your Price May Vary: The FTC’s Personalized-Pricing Puzzle | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Four Patents and a Time Machine: CareFirst and the Perils of Backdated Antitrust | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Cartels With Benefits: The Trouble With Extending Labor’s Antitrust Exemption | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
AI Chatbots Are Helping Youths Improve Their Mental Health | DC Journal
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Too Many Cooks Spoil the Settlement | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
New Jersey’s War on Pricing Software Won’t Build More Apartments | Truth on the Market
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The SEARCH Act Copies Europe’s Homework—and Its Mistakes | Truth on the Market
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- | Expert Commentary Expert Commentary
Competition Law’s Fairness Gap: Why Better Procedure Requires Better Incentives | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Lightning in a Bottleneck: How Regulatory Gridlock Is Choking America’s Energy Boom | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Feature Feature
Right Diagnosis, Wrong Cure | Regulation
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Android and the Art of Regulatory Self-Harm | Truth on the Market
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Fixing Patent Eligibility Is an Easy Win for Innovation | The Daily Economy
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- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Promoting Due Process in Antitrust: The Next Step Forward | Competition Policy International
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Brussels Goes Gate-Hunting: AWS, Azure, and the DMA’s Cloud Problem | Truth on the Market
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- | Expert Commentary Expert Commentary
Don’t Put the Government on the Cap Table | Truth on the Market
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When rare bipartisanship threatens US tech leadership | Washington Examiner
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A cure worse than the disease? | Washington Examiner
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Brussels Reboots Merger Control. Now Debug the Discretion. | Truth on the Market