Antitrust and Competition
Some policymakers claim that lax antitrust enforcement has led to a decline in competition, especially among large digital platforms—and are proposing a wave of new regulatory restraints. Mercatus research shows how this response can slow the most dynamic parts of the economy. It promotes a better approach: a world of free markets where dynamic competition drives down the costs of goods and services, incentivizes innovation, and increases overall prosperity.
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Latest work in Antitrust and Competition
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More Pandemic-style Price Fixing Won’t Help Global Health | The Hill
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Big Internet Platforms Face US Antitrust Threats | Forbes
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
The Law & Economics of the Capital One-Discover Merger | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Will the FTC Scupper the Kroger-Albertsons Merger? | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Research Papers Research Papers
Artificial Intelligence and Antitrust Law: A Primer
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
AI, Mergers & More! | Competition Corner
- | Antitrust and Competition Antitrust and Competition
- | TV Appearance TV Appearance
Proposed Kroger-Albertsons Merger Would Lead To Higher Prices | Scripps News’ “Main & Wall”
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
More Pandemic-style Price Fixing Won’t Help Global Health | The Hill
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
From Enforcement to Rulemaking: Evaluating the FTC’s Approach to Deceptive Earnings Claims
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
The FTC Should Not Enact a Deceptive or Unfair Marketing Earnings-claims Rule | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Discover Takeover Could “Enhance Competition With Visa and Mastercard” | Competition Corner
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
Decoding the 2023 FTC and DOJ Merger Guidelines: Insights into Shifting Antitrust Enforcement
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Using Bayh-Dole March-in to Set Patent Price Controls: An Assault on American Innovation | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Gettin' Busy! | Competition Corner
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
New Merger Guidelines Treat a Proposed Merger Like Schrödinger’s Cat
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
A European Commission Challenge to iRobot’s Acquisition Is Unjustified and Would Harm Dynamic Competition | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
Antitrust Enforcement in 2023: Year in Review for the Federal Trade Commission and the Department of Justice
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
FTC v. Illumina/Grail – A Rare FTC Merger Victory? (Actually, a Loss for Consumers) | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Chinese Court’s Global SEP Royalties Decision Signals Broader Threat to Western Tech Innovation | IPWatchdog
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
The Porcine 2023 Merger Guidelines (The Pig Still Oinks) | Truth on the Market
Latest work in Antitrust and Competition
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
More Pandemic-style Price Fixing Won’t Help Global Health | The Hill
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Big Internet Platforms Face US Antitrust Threats | Forbes
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
The Law & Economics of the Capital One-Discover Merger | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Will the FTC Scupper the Kroger-Albertsons Merger? | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Research Papers Research Papers
Artificial Intelligence and Antitrust Law: A Primer
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
AI, Mergers & More! | Competition Corner
- | Antitrust and Competition Antitrust and Competition
- | TV Appearance TV Appearance
Proposed Kroger-Albertsons Merger Would Lead To Higher Prices | Scripps News’ “Main & Wall”
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
More Pandemic-style Price Fixing Won’t Help Global Health | The Hill
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
From Enforcement to Rulemaking: Evaluating the FTC’s Approach to Deceptive Earnings Claims
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
The FTC Should Not Enact a Deceptive or Unfair Marketing Earnings-claims Rule | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Discover Takeover Could “Enhance Competition With Visa and Mastercard” | Competition Corner
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
Decoding the 2023 FTC and DOJ Merger Guidelines: Insights into Shifting Antitrust Enforcement
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Using Bayh-Dole March-in to Set Patent Price Controls: An Assault on American Innovation | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Gettin' Busy! | Competition Corner
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
New Merger Guidelines Treat a Proposed Merger Like Schrödinger’s Cat
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
A European Commission Challenge to iRobot’s Acquisition Is Unjustified and Would Harm Dynamic Competition | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
Antitrust Enforcement in 2023: Year in Review for the Federal Trade Commission and the Department of Justice
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
FTC v. Illumina/Grail – A Rare FTC Merger Victory? (Actually, a Loss for Consumers) | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Chinese Court’s Global SEP Royalties Decision Signals Broader Threat to Western Tech Innovation | IPWatchdog
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
The Porcine 2023 Merger Guidelines (The Pig Still Oinks) | Truth on the Market
Latest work in Antitrust and Competition
- | Antitrust and Competition Antitrust and Competition
- | Research Papers Research Papers
Artificial Intelligence and Antitrust Law: A Primer
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
From Enforcement to Rulemaking: Evaluating the FTC’s Approach to Deceptive Earnings Claims
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
Decoding the 2023 FTC and DOJ Merger Guidelines: Insights into Shifting Antitrust Enforcement
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
New Merger Guidelines Treat a Proposed Merger Like Schrödinger’s Cat
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
Antitrust Enforcement in 2023: Year in Review for the Federal Trade Commission and the Department of Justice
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
Reforming the Federal Trade Commission
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
The Rule of Law and the Draft Merger Guidelines
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
Gerrymandering Redux: The Relevant Market under the Draft Merger Guidelines
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
The Robinson-Patman Act: A Statute at Odds with Competition and Economic Welfare
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
The Federal Trade Commission Lacks Rulemaking Authority to Enforce the Prohibition on Unfair Methods of Competition
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
Privacy Policy and the Future of the Online Economy
How Changes in Policy May Affect Digital Advertising and the Market for Online Services
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
The Problem with a Federal Ban on Noncompete Agreements
- | Antitrust and Competition Antitrust and Competition
- | Working Papers Working Papers
Unfair Methods of Competition under Section 5 of the Federal Trade Commission Act: What Is the Intelligible Principle?
- | Antitrust and Competition Antitrust and Competition
- | Books Books
Trade, Competition and Domestic Regulatory Policy
Trade Liberalisation, Competitive Markets and Property Rights Protection
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
Protecting Children Online: Evaluating Possible Reforms in the Law and the Application of COPPA
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
Antitrust Enforcement and the Rule of Law
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
Developments in Competition Policy during the Second Year of the Biden Administration
- | Antitrust and Competition Antitrust and Competition
- | Policy Briefs Policy Briefs
California May Be Trying to Evade the Consumer Welfare Standard in Its Antitrust Lawsuit against Amazon
- | Antitrust and Competition Antitrust and Competition
- | Research Papers Research Papers
The Case for Continued Light-Touch Regulation of Freight Railroads
- | Antitrust and Competition Antitrust and Competition
- | Research Papers Research Papers
The Role of Institutions and Policy in Balancing Privacy and Information Sharing in the Digital Economy
Latest work in Antitrust and Competition
- | Antitrust and Competition Antitrust and Competition
- | TV Appearance TV Appearance
Proposed Kroger-Albertsons Merger Would Lead To Higher Prices | Scripps News’ “Main & Wall”
- | Antitrust and Competition Antitrust and Competition
- | Podcast Appearance Podcast Appearance
The Importance of Reducing Anticompetitive Market Distortions | Information Technology & Innovation Foundation’s “Innovation Files”
- | Antitrust and Competition Antitrust and Competition
- | Podcast Appearance Podcast Appearance
The Importance of Patents for Innovation | IPWatchdog
- | Antitrust and Competition Antitrust and Competition
- | Podcast Appearance Podcast Appearance
Pharmaceutical Innovation, Antitrust Enforcement and Patent Law | IPWatchdog
- | Antitrust and Competition Antitrust and Competition
- | Podcast Appearance Podcast Appearance
Talking Trade, Energy, and the Environment | Heritage Foundation's "Power Hour Special"
- | Antitrust and Competition Antitrust and Competition
- | Radio Appearance Radio Appearance
Regulations Blocking Health Care Progress | Freedom Works Radio
- | Antitrust and Competition Antitrust and Competition
- | Podcast Appearance Podcast Appearance
What’s the Role of FTC’s General Counsel? | ABA's "Our Curious Amalgam"
- | Antitrust and Competition Antitrust and Competition
- | TV Appearance TV Appearance
Elon Musk Faces Another Challenge During Twitter Takeover | Fox Business
- | Antitrust and Competition Antitrust and Competition
- | Mercatus Original Podcasts Mercatus Original Podcasts
- | Mercatus Policy Download Mercatus Policy Download
Antitrust Policy and its Different Perspectives
Where do the Antitrust professionals agree and disagree?
- | Antitrust and Competition Antitrust and Competition
- | Radio Appearance Radio Appearance
Are Bezos and Musk Oligarchs? | WIND Radio’s “Chicago’s Morning Answer”
- | Antitrust and Competition Antitrust and Competition
- | Mercatus Original Podcasts Mercatus Original Podcasts
- | Mercatus Policy Download Mercatus Policy Download
Antitrust Competition and its Intersection with Privacy Data Protection
Also, potential major change of direction in the federal agencies, not just the FTC, but potentially in the justice department as well.
- | Antitrust and Competition Antitrust and Competition
- | Podcast Appearance Podcast Appearance
Could Breaking Up Meta Make Things Worse? | The New York Times's "The Argument"
- | Antitrust and Competition Antitrust and Competition
- | Mercatus Original Podcasts Mercatus Original Podcasts
- | Mercatus Policy Download Mercatus Policy Download
Antitrust, Christianity, and Market Regulation
What can Christianity teach us about free markets and capitalism?
- | Antitrust and Competition Antitrust and Competition
- | Mercatus Original Podcasts Mercatus Original Podcasts
The Globalization of Antitrust | Discourse (Podcast)
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- | TV Appearance TV Appearance
Alden Abbott on Cheddar News - Big Tech Antitrust Bills
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- | Mercatus Original Podcasts Mercatus Original Podcasts
- | Mercatus Policy Download Mercatus Policy Download
Digital Platforms: Antitrust or Regulation?
What potential enforcement actions are being proposed against big digital platforms?
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- | Podcast Appearance Podcast Appearance
Federalist Society Podcast on FTC v. AMG (U.S. Supreme Court Decision) | The Federalist Society
- | Antitrust and Competition Antitrust and Competition
- | Mercatus Original Podcasts Mercatus Original Podcasts
- | Mercatus Policy Download Mercatus Policy Download
Economic Benefits of the Patent System
How patents provide incentives for invention, innovation, and technological change.
- | Antitrust and Competition Antitrust and Competition
- | TV Appearance TV Appearance
Brent Skorup on C-SPAN - Antitrust Policy Pt. 1
- | Antitrust and Competition Antitrust and Competition
- | TV Appearance TV Appearance
Brent Skorup on C-SPAN - Antitrust Policy Pt. 2
Latest work in Antitrust and Competition
- | Antitrust and Competition Antitrust and Competition
- | 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
- | Antitrust and Competition Antitrust and Competition
- | Public Interest Comments Public Interest Comments
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
- | Antitrust and Competition Antitrust and Competition
- | 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
- | 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
- | Antitrust and Competition Antitrust and Competition
- | Public Interest Comments Public Interest Comments
New Merger Guidelines Should Be Concise, Be Administrable, and Avoid Antimerger Bias
- | Antitrust and Competition Antitrust and Competition
- | 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
- | Antitrust and Competition Antitrust and Competition
- | Public Interest Comments Public Interest Comments
Pharmaceutical Merger Enforcement Should Be Supported by Evidence and Sound Economic Theory
- | Antitrust and Competition Antitrust and Competition
- | 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
- | Antitrust and Competition Antitrust and Competition
- | Federal Testimonies Federal Testimonies
Lack of Resources and Lack of Authority Over Nonprofit Organizations Are the Biggest Hindrances to Antitrust Enforcement in Healthcare
Testimony before the US House Committee on the Judiciary, Subcommittee on Antitrust, Commercial, and Administrative Law
- | Antitrust and Competition Antitrust and Competition
- | Federal Testimonies Federal Testimonies
Antitrust and the Debate Over Data Privacy
Testimony before the US House Committee on the Judiciary, Subcommittee on Antitrust, Commercial, and Administrative Law
- | Antitrust and Competition Antitrust and Competition
- | Public Interest Comments Public Interest Comments
The Importance of Balancing Privacy with Innovation, Consumer Benefits, and Other Rights in the FTC’s Approach to Consumer Data Privacy
Latest work in Antitrust and Competition
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
More Pandemic-style Price Fixing Won’t Help Global Health | The Hill
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Big Internet Platforms Face US Antitrust Threats | Forbes
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
The Law & Economics of the Capital One-Discover Merger | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Will the FTC Scupper the Kroger-Albertsons Merger? | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
AI, Mergers & More! | Competition Corner
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
More Pandemic-style Price Fixing Won’t Help Global Health | The Hill
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
The FTC Should Not Enact a Deceptive or Unfair Marketing Earnings-claims Rule | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Discover Takeover Could “Enhance Competition With Visa and Mastercard” | Competition Corner
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Using Bayh-Dole March-in to Set Patent Price Controls: An Assault on American Innovation | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Gettin' Busy! | Competition Corner
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
A European Commission Challenge to iRobot’s Acquisition Is Unjustified and Would Harm Dynamic Competition | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
FTC v. Illumina/Grail – A Rare FTC Merger Victory? (Actually, a Loss for Consumers) | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Chinese Court’s Global SEP Royalties Decision Signals Broader Threat to Western Tech Innovation | IPWatchdog
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
The Porcine 2023 Merger Guidelines (The Pig Still Oinks) | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Think Big: Tell Us Your Wildest New Year Dreams for IP | IPWatchdog
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
From AI to Amgen, Here’s Everything IP that Mattered in 2023 | IPWatchdog
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
A Consumer-welfare-centric Reform Agenda for the Federal Trade Commission | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Where Are the New FTC Rules? | Truth on the Market
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary
Post-Thanksgiving Reflections | Competition Corner
- | Antitrust and Competition Antitrust and Competition
- | Expert Commentary Expert Commentary