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Image: President Trump announced a partnership between SoftBank, OpenAI, Oracle, and MGX called “Stargate,” named after the sci-fi franchise.
For years, American tech titans have insisted that AI will be the determinative advancement of the 21st century, and that we need to give them billions of public funds for the United States to maintain its spot as the world’s foremost technological developer. And many pundits and politicians leapt to champion that position. They all... Read More
Image: Former Attorney General John Mitchell (via Library of Congress's Prints and Photographs)
Richard Nixon’s Attorney General John Mitchell famously declared: “Watch what we do, not what we say.” When that was done to him, he wound up in prison. A similar lesson applies to understanding the courts. Academics can debate whether cartels can contribute positively to consumer welfare under some (unlikely) circumstances. Indeed, Penn law professor Herbert Hovenkamp... Read More
Image: Chair Andrew Ferguson has been tweeting a lot since taking the helm of the FTC.
FTC Chairman Andrew Ferguson, freshly appointed by President Trump, made what seemed to be a stunning announcement. On X, he posted that the FTC and DOJ would continue to use the 2023 Merger Guidelines, as conceived by his predecessor, Lina Khan. This appeared to be a stunning victory for New Brandeisians, one that upset the... Read More
Image: Successful firms are firing workers to appease Wall Street. (Getty Images)
Imagine two business partners, Sue and Steve, form a company. The company finds success and is acquired by a larger competitor. After the sale has been consummated but before the payment has arrived, Sue seeks to dissolve the partnership, asserting that Steve does not deserve any of the proceeds from the sale. While the fair... Read More
Image: Charlie Baker, president of the NCAA, recently negotiated the television rights for a bundle of college sports.
Back in 2011, ESPN and the NCAA agreed to a $34 million per year media deal that gave ESPN the right to broadcast championships in 29 different college sports. The list of sports included every single college sport played by women. As time went by, it became increasingly clear this media deal dramatically undervalued the... Read More
Image: Sadly, all the charged rhetoric surrounding the UHG CEO shooting has distracted attention away from the real diagnosis here. What ails the American health care system is structural.
The shooting of its CEO has flung UnitedHealth Group (“UHG”) into the American zeitgeist, and there’s been no shortage of heated opinions on what to make of it. With the tragedy nearly two months behind us, perhaps we can now reflect, dispassionately, on the real diagnosis here: UHG has been monopolizing and “monopsonizing” American health... Read More
Image: Long lines form at Park City amid a ski patrol strike on Dec. 29, 2024. (Mariah Maynes/KSL NewsRadio)
Skiers are an admittedly unsympathetic crowd. At least the jetsetters who fly around the country chasing the toniest resorts like Park City.  Local skiers, on the other, might not earn the same incomes as the jetsetters, but nevertheless must pay the same, lofty lift prices. Setting aside the welfare of locals, one can partly understand... Read More
Image: Free trade deals caused many U.S. factories to close, sending jobs oversees and voters away from the Democratic Party. (Image: Getty)
The election results present a puzzle of sorts. On the one hand, voters expressed deep resentment towards inflation, under the belief that Biden contributed to rising prices, failed to address them, or both. On the other hand, Trump’s signature economic policy is tariffs—on imports from Mexico to Canada and now Israel—which most economists believe will... Read More
Image: For the coming merger wave, here’s our antitrust affirmative defense starter pack.
Many Americans are still in shock because our worst fears just came true: European regulators fined an American Big Tech firm a whopping one half of one percent of its annual revenue for violating some kind of “law.” To add insult to injury, radical American enforcers slipped loose from the adult supervision of the defense... Read More
Image: President Trump announced a partnership between SoftBank, OpenAI, Oracle, and MGX called “Stargate,” named after the sci-fi franchise.
For years, American tech titans have insisted that AI will be the determinative advancement of the 21st century, and that we need to give them billions of public funds for the United States to maintain its spot as the world’s foremost technological developer. And many pundits and politicians leapt to champion that position. They all... Read More

Richard Nixon’s Attorney General John Mitchell famously declared: “Watch what we do, not what we say.” When that was done to him, he wound up in prison. A similar lesson applies to understanding the courts. Academics can debate whether cartels can contribute positively to consumer welfare under some (unlikely) circumstances. Indeed, Penn law professor Herbert Hovenkamp... Read More

Image: Former Attorney General John Mitchell (via Library of Congress's Prints and Photographs)

FTC Chairman Andrew Ferguson, freshly appointed by President Trump, made what seemed to be a stunning announcement. On X, he posted that the FTC and DOJ would continue to use the 2023 Merger Guidelines, as conceived by his predecessor, Lina Khan. This appeared to be a stunning victory for New Brandeisians, one that upset the... Read More

Image: Chair Andrew Ferguson has been tweeting a lot since taking the helm of the FTC.

Imagine two business partners, Sue and Steve, form a company. The company finds success and is acquired by a larger competitor. After the sale has been consummated but before the payment has arrived, Sue seeks to dissolve the partnership, asserting that Steve does not deserve any of the proceeds from the sale. While the fair... Read More

Image: Successful firms are firing workers to appease Wall Street. (Getty Images)

Back in 2011, ESPN and the NCAA agreed to a $34 million per year media deal that gave ESPN the right to broadcast championships in 29 different college sports. The list of sports included every single college sport played by women. As time went by, it became increasingly clear this media deal dramatically undervalued the... Read More

Image: Charlie Baker, president of the NCAA, recently negotiated the television rights for a bundle of college sports.

The shooting of its CEO has flung UnitedHealth Group (“UHG”) into the American zeitgeist, and there’s been no shortage of heated opinions on what to make of it. With the tragedy nearly two months behind us, perhaps we can now reflect, dispassionately, on the real diagnosis here: UHG has been monopolizing and “monopsonizing” American health... Read More

Image: Sadly, all the charged rhetoric surrounding the UHG CEO shooting has distracted attention away from the real diagnosis here. What ails the American health care system is structural.

Skiers are an admittedly unsympathetic crowd. At least the jetsetters who fly around the country chasing the toniest resorts like Park City.  Local skiers, on the other, might not earn the same incomes as the jetsetters, but nevertheless must pay the same, lofty lift prices. Setting aside the welfare of locals, one can partly understand... Read More

Image: Long lines form at Park City amid a ski patrol strike on Dec. 29, 2024. (Mariah Maynes/KSL NewsRadio)

The election results present a puzzle of sorts. On the one hand, voters expressed deep resentment towards inflation, under the belief that Biden contributed to rising prices, failed to address them, or both. On the other hand, Trump’s signature economic policy is tariffs—on imports from Mexico to Canada and now Israel—which most economists believe will... Read More

Image: Free trade deals caused many U.S. factories to close, sending jobs oversees and voters away from the Democratic Party. (Image: Getty)

Many Americans are still in shock because our worst fears just came true: European regulators fined an American Big Tech firm a whopping one half of one percent of its annual revenue for violating some kind of “law.” To add insult to injury, radical American enforcers slipped loose from the adult supervision of the defense... Read More

Image: For the coming merger wave, here’s our antitrust affirmative defense starter pack.

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