Antitrust action also faces a public choice problem in that regulators often exercise their powers to promote their own preferred policy positions. This dynamic leads to intense lobbying by regulated entities both for relief from regulation and for the benefits of barriers to entry that limit competition from potential rivals. The Competitive Enterprise Institutes advocates abolishing antitrust law, removing remaining government monopolies, and preventing the creation of new ones.
Featured Posts
News Release
Ex Google CEO’s Call for UN Organization Focused on Artificial Intelligence Would Be a “Historic Mistake”
At a forum on Artificial Intelligence in Washington today, former Google CEO Eric Schmidt endorsed the idea of an international body like the United…
National Review
Biden Order on Artificial Intelligence Puts Too Much Faith in Regulators
President Biden’s executive order (EO) on artificial intelligence (AI) directs more than a dozen federal agencies to, among other things, “establish guidelines…
Blog
Justice Department ignores consumers, boosts Bing in Google antitrust trial
The Department of Justice’s (DOJ) case accusing Google of having and unlawfully maintaining a monopoly in search is in full swing in US District…
Search Posts
News Release
Ex Google CEO’s Call for UN Organization Focused on Artificial Intelligence Would Be a “Historic Mistake”
At a forum on Artificial Intelligence in Washington today, former Google CEO Eric Schmidt endorsed the idea of an international body like the United…
National Review
Biden Order on Artificial Intelligence Puts Too Much Faith in Regulators
President Biden’s executive order (EO) on artificial intelligence (AI) directs more than a dozen federal agencies to, among other things, “establish guidelines…
Blog
Justice Department ignores consumers, boosts Bing in Google antitrust trial
The Department of Justice’s (DOJ) case accusing Google of having and unlawfully maintaining a monopoly in search is in full swing in US District…
Forbes
Biden’s New AI Executive Order Is Regulation Run Amok
Signed yesterday, President Biden’s new executive order on artificial intelligence safety is already making waves across the technology industry. While the intention of…
Blog
Biden administration cites fanciful numbers to support ‘right to repair’
The Biden White House hosted an event on right to repair last Tuesday to provide information “about federal and state efforts to strengthen the…
News Release
Biden EO on artificial intelligence rushes in with regulation rather than problem-solving: CEI analysis
The Biden administration today released further details about the president’s executive order on regulating artificial intelligence. CEI Senior Fellow James Broughel, author of a…
News Release
Biden executive order on artificial intelligence will be a problem: CEI analysis
President Biden is reportedly poised to sign an executive order aimed at monitoring artificial intelligence technology and moving toward new regulations for AI. CEI experts expressed…
Blog
Stopping mergers before they start
If two companies above a certain size want to merge, antitrust regulators have to approve the deal first. The FTC recently published draft guidelines for…
News Release
‘Rules for Robots’ report offers framework for AI regulation
Artificial intelligence technology seems poised to transform our lives in both beneficial and detrimental ways. A new Competitive Enterprise Institute report offers a thoughtful, fact-driven…
Study
Rules for Robots – A framework for governance of AI
Introduction With the rise of artificial intelligence (AI) and machine learning technologies in recent years, we have seen increasing calls for regulation to mitigate the…
News Release
FCC move to reinstate heavy-handed Net Neutrality regulations risks health of telecommunications infrastructure
Federal Communications Commission (FCC) Chair Jessica Rosenworcel announced her intention to re-instate so-called Net Neutrality rules that were repealed in 2018. The FCC issued the…
Reason Magazine
FTC Files Antitrust Lawsuit Against Amazon
CEI’s Ryan Young is cited on Reason Magazine following the FTC’s lawsuit against Amazon: Ryan Young, senior economist for the Competitive Enterprise Institute, said in…
Washington Examiner
FTC hits Amazon with antitrust lawsuit accusing it of manipulating the online marketplace
Jessica Melugin is quoted in the Washington Examiner on Amazon’s Antitrust lawsuit: “Free markets require functioning markets,” Mr. Davis said. “This requires enforcement of our…
Study
FTC’s Subscription Deception
Proposed Negative Option Rule has no opt-out from bureaucratic overreach Introduction The Federal Trade Commission (FTC) announced a Negative* Option Rule Notice of…
Blog
House Republicans continue to grill the FTC for its overreach
The House Judiciary Committee held a hearing on Thursday of last week entitled “Oversight of the Federal Trade Commission.” Lines of questioning were heated…
News Release
Court dismisses meritless FTC case, allows Microsoft-Activision merger to go ahead for now
A federal judge ruled Tuesday that Microsoft could proceed with its acquisition of Activision-Blizzard, despite the Federal Trade Commission’s (FTC) efforts to stop the…
National Review
FTC Continues War on Bigness by Opposing Microsoft Video-Game Acquisition
The FTC is doubling down on its opposition to Microsoft’s acquisition of video-game company Activision Blizzard by filing to block the merger in a…
Blog
Lina Khan’s whole new level of economic bloodletting
The Biden administration in its Executive Order on Promoting Competition in the American Economy and, more pointedly, the Federal Trade Commission in many of…
Blog
‘Passive-aggressive’ regulators are a growing headache for American business
“The Future of Independent Agencies: Fallout from Problems at the Federal Trade Commission,” was an event hosted by the American Enterprise Institute (AEI) to alert…
News Release
Surgeon General lacks evidence for warning against social media for young people
U.S. Surgeon General Dr. Vivek H. Murthy today issued a public advisory against alleged risks of social media use to the mental health of…
The American Institue for Economic Research
The FTC should answer its Call of Duty to Gamers
The American Institute for Economic Research cites Vice President for Strategy Iain Murray on the Microsoft-Activision merger: The Competitive Enterprise Institute’s Iain Murray has also …
News Release
EU’s Massive Fine Against Meta Could End Up Harming European Consumers
The European Union announced a new enforcement actions today against Meta, the parent company of Facebook. The action penalizes Meta for data transfers that…
The Washington Post
Social media’s effects on children are not yet clear
In their May 12 op-ed, “We must protect kids online,” Sens. Tom Cotton (R-Ark.), Brian Schatz (D-Hawaii), Chris Murphy (D-Conn.) and…
News Release
Supreme Court Declines to Rule on Section 230, Leaving Protections for Third Party Content in Place
The Supreme Court today in Google v. Gonzales and Twitter v. Taamneh declined to rule on the meaning of Section 230 of the…
News Release
CEI Expert Warns One-Size-Fits-All Regulation of Artificial Intelligence will Hamper Innovation, Invite Rent-Seeking
The Senate Judiciary Committee heard testimony today from technology executives overseeing artificial intelligence (AI) programs. Those executives were asked about oversight of the new…
Blog
Calling legislation the AMERICA Act doesn’t make it a good bill
The Competition and Transparency in Digital Advertising Act is back but under a new name: The Advertising Middlemen Endangering Rigorous Internet Competition Accountability Act…
News Release
EARN IT Act Would Have Dangerous Unintended Consequences for Consumers
The Senate Judiciary Committee is meeting today for a markup for S. 1207, the EARN IT Act of 2023. Director of CEI’s Center for…
National Review
Politicians Are Squandering America’s Chance to Get It Right on TikTok
National-security concerns about the world’s most popular app, TikTok, might be legitimate, but addressing them is proving a master course in Washington dysfunction. Significant questions remain…
National Review
U.K. Laws Are Harming American Companies — U.S. Authorities Pleased
America has made it almost 250 years independent of its colonial master, Great Britain. Now, in one area at least, you might as well tear…
News Release
UK Competition and Markets Authority Anti-Merger Ruling Undermines Consumer Interests
The UK’s Competition and Markets Authority (CMA) is blocking Microsoft’s $69 billion acquisition of video game developer Activision Blizzard out of fear the deal…
News Release
Court Ruling for Apple in Antitrust Case Underscores Marketplace is Succeeding
Today a Ninth Circuit Court of Appeals panel upheld a lower court finding that Apple App Store policies do not violate federal antitrust law. CEI…
Duluth News Tribune
Pro/Con: Proposed ‘Right to Repair’ Electronics Law Would Break a System that Doesn’t Need Fixing
Some state lawmakers want to regulate the repairs of countless consumer gadgets and equipment, from smartphones and microwave ovens to farm tractors and medical devices.
Comment
CEI Comments on Non-Compete Clause Rule
On behalf of the Competitive Enterprise Institute (CEI), we respectfully submit comments regarding the Federal Trade Commission’s (FTC) proposed ban of non-compete agreements in employment…
Letters
CEI Joins Coalition Letter Opposing New Broadband Middle Mile Funding
Dear Member of Congress, On behalf of the millions of members and supporters of the undersigned organizations, we write in opposition to any legislation that…
Bloomberg Law
California Follows Europe’s Lead on USB-C Mandate for Devices
Bloomberg Law cites Research Fellow Alex Reinauer on the USB-C mandate. The environmental arguments for the bill are mostly symbolic because chargers constitute…
News Release
Ideologically Driven Attack on Tech Mergers and Acquisitions Threatens Innovations for Consumers and U.S. Position as Global Tech Leader
In a new Competitive Enterprise Institute (CEI) study, technology policy expert Jessica Melugin writes that concern about “killer acquisitions” – a market leader purchasing…
Study
M&As Are A-Okay
Fretting about “killer acquisitions” and “kill zones” is common among regulators in Washington these days, but entrepreneurs and investors at work in the tech industry…
News Release
FTC Antitrust Overreach Threatens Health of Americans at Risk of Cancer Diagnosis
The Federal Trade Commission (FTC) today ordered Illumina to unwind its acquisition of Grail, a $7 billion deal that would add an early cancer…
News Release
RESTRICT Act Threatens Americans’ First Amendment Rights
Debate in Congress over calls to ban Chinese social media platform TikTok has led to the introduction of the RESTRICT Act by Senator Mark Warner…
Blog
After Too Big To Fail, Too Big To Merge?
Did antitrust ideology play a role in the collapse of Silicon Valley Bank (SVB) and the slight contagion that destabilized the global banking system thereafter?…
Blog
Rep. Duncan Leads Letter Expressing Concern over Foreign Regulatory Overreach
I’ve written before about the UK’s Competition and Markets Authority, its main antitrust regulator. It has already blocked one US company from taking over another…
Blog
Some Things are Just Business, Not Politics – and That’s a Good Thing
The Conservative Political Action Conference (CPAC) was the predictable venue for Newsmax CEO Chris Ruddy to portrait DirecTV’s recent decision to stop carrying the channel…
Blog
Trust, but Verify via Congressional Oversight
Is the Federal Trade Commission’s request that Twitter hand over the names of “all journalists and other members of the media to whom” the social…
Blog
Congress must ensure more efficient and transparent broadband funding
Improved Internet connectivity can help reduce socioeconomic inequality at home and improve America’s global economic competitiveness abroad. Thanks to growing private investment, competition, and innovation,…
News Release
Report: Right to Repair Laws Undermine Consumer Interests, Raise Security Concerns
Should consumers have the legal right to repair their own stuff? A new report from the Competitive Enterprise Institute discusses repair rights consumers have already…
Study
Two Wrongs Don’t Make a Right to Repair
Should you have the legal right to fix your own stuff? At first glance, the answer would seem like a simple “yes.” That simple answer…
Blog
Collusion Is Harmful and Illegal—Except When a Federal Agency Does It?
The Wall Street Journal reports today, thanks to FOIA requests by the Chamber of Commerce, that it appears the Federal Trade Commission (FTC) conspired…
News Release
New CEI Paper Warns Against Turning Back the Clock on Antitrust Merger Guidelines
The Competitive Enterprise Institute (CEI) published a new paper today reviewing the evolution of merger screening at federal antitrust agencies and warning against…
Study
Turning Back the Clock: Structural Presumptions in Merger Analyses and Revised Merger Guidelines
Introduction Since 1950, when Congress closed a loophole in Section 7 of the Clayton Act,[1] the federal antitrust agencies have investigated actively, and prosecuted diligently, mergers the government…
National Review
FTC Runs into the Judicial Wall
The Federal Trade Commission’s (FTC) antitrust crusade has run into an obstacle: the judiciary. Indeed, the agency wants to expand its authority and broaden enforcement standards so…
News Release
CEI TV Ad “Versus” to Run Sunday During NBC’s Meet the Press as Part of Eye on FTC Campaign
The Competitive Enterprise Institute (CEI) will run a 30 second television ad as part of its Eye on FTC campaign on Sunday,…
News Release
Why DOJ’s Antitrust Suit Against Google’s Digital Ad Business Misses the Mark
The Department of Justice (DOJ) filed a lawsuit against Google today, a division of parent company Alphabet, alleging the company has a monopoly over digital…
Citation
FDA’s Medical Interference, Time for ESG Antitrust Action and other commentary
Libertarian: FDA’s Medical Interference The Wall Street Journal quoted Joel Zinberg on FDA banning practices: “Secreted within the 2023 omnibus appropriations bill,” notes Joel…
Fox Business
VIDEO: CEI’s Jessica Melugin Joins Fox Business to Discuss McCarthy’s Actions as Speaker & Big Tech Collusion
Director of the Center for Technology & Innovation Jessica Melugin reacts to Kevin McCarthy’s decision to remove Dems from committees and White House-FBI-Big Tech collusion.
News Release
House GOP Oversight of Alleged Collusion Between Government and Technology Companies More Productive than Anti-Tech Legislation
The new Republican House Majority will reportedly charge a new select committee with providing oversight of communications about content moderation decisions between technology companies…
Blog
Microsoft’s Acquisition of Activision Faces Needless Challenges
Emboldened antitrust bureaucrats on both sides of the Atlantic are flexing their muscles with challenges to Microsoft’s planned acquisition of the game developer Activision, maker…
Products
Corporate Governance
Retirement Security Congress passed the Employee Retirement Income Security Act (ERISA), which governs private pensions, in 1974, in response to widespread concerns at the time…
News Release
CEI Releases Pro-Growth Regulatory Reform Agenda for the 118th Congress
Today the Competitive Enterprise Institute (CEI) offered a set of important policy reforms for the 118th Congress to consider when it convenes in…
Products
Free to Prosper: Antitrust
Efforts to expand the scope and enforcement of antitrust law are playing out on a global scale and, so far, have mostly targeted large technology…
Products
Free to Prosper: Online Speech and Section 230
Section 230 of the Telecommunications Decency Act of 1996 governs liability online. It clarifies that the creator of speech, not its carrier, bears legal responsibility…
Blog
The Federal Trade Commission Is in Dire Need of an Intervention
In recent years, the Federal Trade Commission (FTC) has become increasingly aggressive in its antitrust actions and policies. This expansion will be harmful to American…
Barrons
Opinion: Two App Stores Don’t Make a Monopoly
Elon Musk and others’ complaints about the fees Apple and Google ‘s App Stores charge developers are putting pressure…
National Review
Antitrust’s Cloudy Crystal Ball
Even in the wake of Meta’s biggest mass layoff ever and a $71 billion loss this year, antitrust regulators around the world are peering into crystal…
Blog
The Unfairness of the FTC’s Policy Statement Regarding the Scope of Unfair Methods of Competition
The latest in a stream of regulatory dark matter is the Federal Trade Commission’s (FTC) November 10, 2022 “Policy Statement Regarding the Scope…
Blog
Not Your Grandfather’s Bank Branch
What should financial services do? And how should they look like going forward as they try to serve more people? Some presenters are the recent…
National Review
The Supreme Court Gets Another Chance to Rein in the Administrative State
The Constitution vests its executive power in the president of the United States. But in the 1935 case of Humphrey’s Executor v. U.S., the Supreme Court ruled…
National Review
American Corporations Haven’t Changed. Economists Have
We are at an odd point in American political history, where the traditional conflict between right and left has mutated into a fight between centralization and…
Blog
Meta’s Drop in Stock Price Unlikely to Dissuade Antitrust Inquiries, but It Should.
“We don’t even know what it is yet.” That’s how the theatrical depiction of Mark Zuckerberg described “The Facebook” to his then co-founder Eduardo…
Blog
New Whole-of-Government Initiative on Junk Fees Comes with Unintended Consequences
Today the Biden administration announced a new whole-of-government initiative on junk fees from airlines and other industries. The news comes on the same day…
Blog
Not a Policy Paper, Just a Thought: Anti-Merger Mania
What is the correct number of corporate mergers that should be allowed? The Federal Trade Commission (FTC) thinks it knows the answer: less. It has…
Issues in Insights
A Supermarket Merger Is Not A Threat To Humanity
Grocery store giants Kroger and Albertsons have announced a proposed merger, but it’s a business combination that will likely come under undue antitrust scrutiny. Before the…
News Release
Kroger Merger with Albertsons Would Allow More Competitive Pressure on Other Market Leaders
Kroger announced a deal today to merge with Albertsons, which would combine the nations’ two largest chains of grocery stores into one company. The…
Blog
FTC Hearing on Vaping Case Shows Antitrust at its Worst
Earlier this week, the Federal Trade Commission (FTC) held a public hearing about a seemingly resolved antitrust case about the vaping market. In 2018,…
Blog
Virtual Reality and the Relevant Market Fallacy
The relevant market fallacy is one of the most common analytical mistakes in antitrust policy. One of the first legal questions in an antitrust…
National Review
Virtual Reality and the Relevant-Market Fallacy
Facebook’s parent company, Meta, is at a crossroads. Its main social-media platform is declining under heavy competition and faces twin federal and …
Politico
Twitter Whistleblower Faces the Senate. Then What?
Politico cites Director for the Center for Technology and Innovation Jessica Melugin on congressional hearings on the tech industry: “I am all for congressional…
News Release
Judge Rules Illumina-Grail Merger is Legal Despite FTC Antitrust Accusations
In a decision reached today, an administrative judge ruled that a proposed merger between Illumnia and Grail can proceed after ruling against a move…
Blog
The Facebook Antitrust Case Is Aging Poorly
Antitrust cases often take years to litigate. While wasteful, this isn’t always a bad thing. The politics surrounding a case might stay the same, but…
Letters
CEI Joins Coalition Letter on Proposed Antitrust Bills that Would Harm Consumers
We, the undersigned economic, legal, and public policy experts, write to express concern overlegislative and executive branch proposals aimed at dramatically expanding government antitrustand competition…
National Interest
Anti-Trust Bills Will Harm U.S. Consumers and National Security
Proposed antitrust bills aimed at Big Tech will inadvertently put individual users and national security at risk. Three policies within the proposed legislation are especially problematic:…
National Review
U.K. Regulator Deservedly Loses Case against Meta
The recent announcement of the final verdict in the U.K.’s case to block Meta’s acquisition of GIF library Giphy is a partial victory for…
Blog
Current Antitrust Proposals No “Laffing” Matter
A new report by Laffer Associates released today, Read ‘Em and Weep: How the American Innovation and Choice Online Act (S. 2992) and Other…
National Review
How the New FTC Majority Will Rewrite Antitrust Laws without Congress
As time runs out for major antitrust legislation on Capitol Hill, the Federal Trade Commission emerges as the last, best hope for neo-Brandeisians looking for aggressive…
Blog
Elon Musk’s Purchase of Twitter Stock Is an Important Reminder of How Capitalism Works
The tech world was shaken by the recent news that Elon Musk, the world’s richest man, had bought up nearly one of every 10…
Blog
FTC Merger Guidelines Update
All proposed corporate mergers above a certain size have to go through review by antitrust regulators. The Federal Trade Commission (FTC) and the Justice Department…
Letters
CEI Joins Coalition Opposing Weaponizing Antitrust Law
Dear Senator, Despite full control of Congress and President Joe Biden in the Oval Office, the Democratic Party finds many of its top legislative priorities…
Comment
Comments to the Federal Trade Commission Regarding Forthcoming Merger Guideline Revisions
Comment Period Closes: April 21, 2022 Comment Submitted: April 3, 2022 Docket No. FTC-2022-0003-0001 On behalf of the Competitive Enterprise Institute (CEI), we respectfully submit…
Blog
Antitrust Triangulation
Sometimes it’s useful to introduce useless bills. The Prohibiting Anti-Competitive Mergers Act , sponsored by Sen. Elizabeth Warren (D-MA) and Rep. Mondaire Jones (D-NY),…
Blog
Amazon Antitrust Lawsuit Dismissed
Last year, District of Columbia Attorney General Karl Racine filed an antitrust lawsuit against Amazon over its third-party seller program. On Friday, a judge…
Blog
New Anti-Merger Bill Not Indexed for Inflation
Yesterday, I wrote about four problems with Sen. Elizabeth Warren (D-MA) and Rep. Mondaire Jones (D-NY)’s new antitrust bill, the Prohibiting Anti-Competitive Mergers…
Blog
New Antitrust Merger Bill Is Fatally Flawed
There is yet another antitrust bill in Congress. The Prohibiting Anticompetitive Mergers Act, sponsored by Sen. Elizabeth Warren (D-MA) and Rep. Mondaire Jones…
Wall Street Journal
If You Play With Antitrust Fire, You Might Get Burned
Arizona Attorney General Mark Brnovich has opened an antitrust investigation into investment funds centered around environmental, social and governance (ESG) goals. He argues that they…
News Release
Regulating Social Media Companies as Common Carriers Would Undermine User Experience Online
The Competitive Enterprise Institute (CEI) published a new paper today making the case against regulating social media platforms as common carriers. In…
Study
Don’t Confuse the Platform with the Train
Executive Summary Should social media companies be regulated like common carriers? To answer that question, this paper describes the functions and origins of social media…
National Review
With Inflation Rising, Why Punish Companies Seeking to Lower Prices?
In a recent Wall Street Journal op-ed, a venture capital investor in the e-commerce firms Deliverr and Wish calls for breaking up Amazon because…
Blog
State Antitrust Lawsuit Trivializes Security Threats in Mobile App Market
Last July, 36 state attorneys general filed an antitrust suit against Google focusing on app distribution for Android devices through the Google Play Store.
News Release
New CEI Paper Outlines Key Reforms to Aim State Antitrust Efforts Toward Consumer Welfare
In his 1978 book The Antitrust Paradox, Judge Robert Bork argued that the only benefit of antitrust law was to improve “consumer welfare.” Rarely has…
Study
The State Antitrust Paradox
EXECUTIVE SUMMARY American antitrust law is the bedrock of competition policy in the United States. It has also proven among the most intellectually challenging areas…
Blog
Good News for Facebook Competitors, Bad News for the FTC’s Antitrust Case
Thursday brought some interesting news, none of which were kind to the Federal Trade Commission’s (FTC) antitrust case against Facebook. First, Facebook’s number of…
Real Clear Policy
It Should Be the End of the Line for the Senate Antitrust Bill
The American Innovation and Choice Online Act, which advanced out of the Senate Judiciary committee after a markup last Thursday, will hurt U.S. consumers and…
Staff & Scholars
Richard Morrison
Senior Fellow
- Antitrust
- Business and Government
- Capitalism and Free Enterprise
Iain Murray
Vice President for Strategy and Senior Fellow
- Banking and Finance
- Trade and International
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- Antitrust
- Business and Government
- Regulatory Reform
Jessica Melugin
Director of the Center for Technology & Innovation
- Antitrust
- Innovation
- Media, Speech and Internet Freedoms