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OpenMarket: Business and Government

  • Introducing Antitrust Basics

    June 17, 2019
    Often, a drips-and-drabs approach to learning an issue over a period of time is as effective as a single intense cram session. To that end, this post inaugurates a series to familiarize readers over time with the basics of antitrust regulation. This is important because the current antitrust revival is reaching a fever pitch.
  • VIDEO: How to Become a Federal Criminal

    June 14, 2019
    Have you ever made an unreasonable gesture to a passing horse in a national park? If so, you are already a federal criminal. For the rest of us, there’s a new work of reference, humor, and legal theory from attorney Mike Chase titled “How to Become a Federal Criminal: An Illustrated Handbook for the Aspiring Offender.”
  • This Summer, Celebrate Lemonade Freedom

    June 12, 2019
    There is good news for young entrepreneurs coming out of the Lone Star State, as Texas Gov. Greg Abbott (R) recently signed a bill allowing children to operate lemonade stands without needing a permit. Specifically, it “prohibits cities and neighborhood associations from enacting rules that block or regulate minors trying to sell nonalcoholic beverages on private property.”
  • State Officials, Department of Justice Should Green-Light Sprint-T-Mobile Merger

    June 12, 2019
    Yesterday’s filing by ten state attorneys general to block the proposed merger of wireless carriers T-Mobile and Sprint is the latest threat to the innovations American consumers deserve and that the unfettered marketplace is striving to deliver—if only government regulators will stay out of the way.  
  • Does Capitalism Destroy Culture?

    June 11, 2019
    Capitalism’s critics claim that the pursuit of profit can become like a black hole, consuming all of our attention and energy at the expense of culture. Some argue, for example, that the shopping activity that accompanies “Black Friday” comes at the expense of a traditional Thanksgiving. Many of us suspect that it would be better to be contemplative and thankful for our blessings, but who can resist a good deal?
  • Corporate 'Power' Is Limited and Temporary—Government Power Is the Real Threat

    June 6, 2019
    An Axios article today examines for-profit companies taking public positions on controversial political issues, carrying the headline “When companies act like governments.” Reporter Erica Pandey takes as her premise the idea that “Throughout the history of capitalism, wealthy and powerful companies have effectively acted like governments.” This is a problematic take that conflates the collective market power of a company’s customers and shareholders with actual coercive state power—two very different things.
  • This Month, Take Pride in Abundance and Opportunities of Capitalism

    June 4, 2019
    June is Pride Month, when gay, lesbian, bisexual, transgender, and other not-straight people celebrate with a variety of events, including activism, parades, and concerts. As with any popular celebration, corporations and brands have become involved, creating special offers and limited-release products to cater to the enthusiasm. Not everyone is excited about this development, however.
  • Will Antitrust End Trump's Deregulatory Push?

    June 3, 2019
    Revelations that antitrust enforcers have conspired to divide jurisdiction and initiate antitrust investigations into Google and Apple (the U.S. Department of Justice) and Amazon and Facebook (the Federal Trade Commission) could well cement the end of Donald Trump claiming the mantle of a deregulatory president.
  • Addressing the Gender Pay Gap: Culture, Not Legislation

    May 31, 2019
    Gender discrimination is a complex problem with a complex solution.
  • VIDEO: Ending Police Harassment of Small Business in India

    May 31, 2019
    Our friends at the Atlas Network have an excellent new video out about legal reform in India that is helping small businesspeople stand up to corrupt government officials and make an honest living.

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