Consumers get forgotten in all the politics. The best way to protect consumers is to protect an open, competitive market process, in which companies succeed or fail based not on their political connections or ideological correctness, but on how well they serve consumers.
Featured Posts
Blog
Spirit Airlines shows mergers may prevent bankruptcies and bailouts
In 2024, Spirit Airlines, financially troubled since the COVID-19 pandemic and lockdowns, sought a lifeline through a merger with JetBlue Airways. Although neither Spirit nor…
Blog
An easy win possible on affordability for California regulators
Whether “affordability” is a serious policy prescription or just a campaign buzzword remains to be seen, but California’s Public Utilities Commission has a golden opportunity…
Blog
The market has spoken: Consumers define the relevant video market
Washington loves drama, and recent debates over video industry consolidation have delivered plenty – billions of dollars at stake, congressional theatrics, and political posturing. But…
Search Posts
Blog
Spirit Airlines shows mergers may prevent bankruptcies and bailouts
In 2024, Spirit Airlines, financially troubled since the COVID-19 pandemic and lockdowns, sought a lifeline through a merger with JetBlue Airways. Although neither Spirit nor…
Blog
An easy win possible on affordability for California regulators
Whether “affordability” is a serious policy prescription or just a campaign buzzword remains to be seen, but California’s Public Utilities Commission has a golden opportunity…
Blog
The market has spoken: Consumers define the relevant video market
Washington loves drama, and recent debates over video industry consolidation have delivered plenty – billions of dollars at stake, congressional theatrics, and political posturing. But…
Blog
Rule by Vibes, Ruined by Reality: Why the FTC’s HSR Loss Demands a Legislative Fix
The Federal Trade Commission (FTC) is doubling down on a losing hand. Despite a stinging courtroom defeat last week that vacated its 2024 premerger…
Blog
Merger relief vs. the consolidation regulators ignore
A federal court’s decision blocking a 2024 Federal Trade Commission’s expanded merger-disclosure rule is welcome. But its significance risks being overstated. Skirmishes over reporting…
Study
Zombie Antitrust: Is Robinson-Patman a Dead Law Walking?
Introduction Lawrence O’Brien, well-known confidant and aide to the Kennedys at the height of their 1960s power, entitled his political autobiography No Final Victories. What…
Study
Stop Making Sense: Reviving the Robinson-Patman Act and the Economics of Intermediate Price Discrimination
I. Introduction Early in the 20th century, a new model for retail sales arose: chain stores. One chain, the Great Atlantic & Pacific Tea Company (A&P), became America’s largest retailer during 40…
News Release
FTC should return to bipartisan consensus deemphasizing Robinson-Patman enforcement in competition policy
The Federal Trade Commission (FTC) under two consecutive administrations is reviving enforcement of a 1930s law that was dormant for decades after a bipartisan consensus…
Blog
FTC appeals Meta antitrust ruling with a wooden racket
The Federal Trade Commission (FTC) could take a lesson in humility from Björn Borg, one of the true greats of tennis’s Open Era. By…
Blog
The attention wars: Why Netflix is buying the past to own the future
The old “streaming wars” are over; the “attention wars” have begun. In the new battle, Netflix’s strategic acquisition of Warner Bros. Discovery makes perfect sense.
Letters
CEI Joins ATR in Free-Market Coalition Urging Approval of Warner Bros. Discovery Acquisition
Dear Members of Congress, The proposed acquisition of Warner Bros. Discovery, Inc. by an existing studio would provide great benefits to consumers. Regulators and legislators…
The Dispatch
Antitrust Law Has Never Been Static
Last week a federal judge ruled that Meta was not an illegal monopoly, citing the changes in the social media landscape since the company bought…
Blog
FTC’s Strategic Plan needs better strategy, more plans for Hart-Scott-Rodino
[Author’s correction: This blog post and comment incorrectly stated that the Federal Trade Commission’s Draft Strategic Plan for FY 2026-2030 failed to comply with the…
Blog
HSR hibernation: Will the FTC PNO see its shadow during government shutdown?
It’s time for DC to find a real groundhog that can assist in determining if the government will shut down to replace the taxidermied…
Blog
Messy merger math and the congressional fix
The Department of Justice’s Antitrust Division has offered a glimpse into premerger enforcement activities over the past six months. In February 2025, the new Hart-Scott-Rodino…
Blog
Antitrust abuse threatens America’s AI dominance
On July 14, 2025, Jensen Huang, CEO of Santa Clara-based NVIDIA, and President Donald Trump agreed to allow NVIDIA to resume its exports to…
Blog
Rail merger does not create monopoly
Union Pacific has proposed buying Norfolk Southern in what would be the largest railroad merger in history. Regulators have not yet approved the merger. The…
Blog
DOJ’s proposed antitrust remedies against Google are a bridge too far
In early August 2024, Judge Amit Mehta of the US District Court for the District of Columbia found that Google illegally maintained a search…
Blog
Trump’s deregulation shines, but tariffs and antitrust cloud the scene
The White House Council of Economic Advisers (CEA) this month released a new report on the Trump administration’s regulatory rollback efforts. Titled “The Economic…
Comment
CEI Comments on Reducing Anti-Competitive Regulatory Barriers
RE: Request for Public Comment Regarding Reducing Anti-Competitive Regulatory Barriers Docket No.: FTC-2025-0028 On behalf of the Competitive Enterprise Institute (CEI), we submit comments to…
Comment
CEI Comments on Technology Platform Censorship
RE: Request for Public Comment Regarding Technology Platform Censorship Docket No.: FTC-2025-0023 Introduction The authors of this submission would like to thank the Federal Trade…
Blog
Congress should overturn harmful anti-bank merger regulation
Yesterday, the Senate approved a resolution pursuant to the Congressional Review Act to overturn a regulation from the Biden administration that would sharply restrict…
Blog
America last? How the antitrust agencies could jeopardize both big and small business
At a time when trade deficits, particularly with China, are a major economic and political concern for the Trump administration, the antitrust authorities are actively…
The Washington Post
House GOP proposes removing antitrust authority from FTC
The Washington Post cited CEI’s expert on antitrust “Consolidating antitrust enforcement at one agency would give businesses more certainty on the rules of the road,…
Blog
Regulators right to approve Capital One/Discover merger
On Friday, federal financial regulators made the right decision in approving the merger of Capital One and Discover. In their joint approvals of the merger,…
News Release
Decision in Google antitrust case a major blow for online competitiveness: CEI analysis
On Thursday, a federal court ruled that Google violated antitrust law by maintaining a monopoly over online advertising. CEI experts caution about the precedent and…
Testimony
Jessica Melugin Testimony before House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Chair Fitzgerald, ranking member Nadler, and distinguished members of the subcommittee, thank you for holding this hearing and inviting me to testify today. My name…
Blog
The One Agency Act, so hot right now
The 119th Congress has reignited old conversations regarding antitrust enforcement in the US. Namely, do we need two agencies to enforce the antitrust laws? Rep.
News Release
Kroger-Albertsons merger blocked by federal judge: CEI analysis
Today, a federal judge sided with the Federal Trade Commission in its lawsuit to stop a merger between Kroger and Albertsons. CEI experts weigh in…
Blog
Free the Economy podcast: Big tech, antitrust, and the courts with Patrick Hedger
In this week’s episode we cover the DOGE effort to reform government spending, review survey results about US transportation choices, and…
Blog
Fred Smith and the Hourglass of Market Evolution
Our much–loved CEI founder Fred L. Smith Jr. would often insist that we not refer merely to antitrust or antitrust policy, but…
National Review
Please, Somebody Google ‘Hubris’
The pretense of knowledge is on full display in the Department of Justice’s proposed remedies for the Google trial. The government’s…
Blog
New CEI video: The case for big and small business in America
Some questions don’t have a correct answer. For example: What is the right size for a business? A new CEI video and website…
Blog
Searching for a remedy that makes sense
The Department of Justice recently sent its proposed remedies to the federal judge who found Google guilty of illegally monopolizing web search. Specifically,…
News Release
Biden DOJ’s antitrust lawsuit against Visa unfounded
The Biden Justice Department today announced an antitrust lawsuit against Visa, alleging the company illegally monopolized the debit card market by enticing merchants away from…
Washington Examiner
FTC lawsuit over Kroger-Albertsons merger is a political tightrope for Harris and Trump
The Washington Examiner cited CEI’s expert on antitrust matters Alex Reinauer is a research fellow at the Competitive Enterprise Institute, where he specializes in antitrust…
Blog
Proposed USDA rule disregards recent Supreme Court rulings
The first two of the four priorities the US Department of Agriculture (USDA) lists on the homepage of its website are tackling social justice,…
Blog
A cry for Yelp or crocodile tears?
Online review platform Yelp filed a private antitrust suit against Google last month, accusing the tech company of monopolizing the “local search services market”…
Fox Business
VIDEO: Jessica Melugin joins Mornings with Maria to discuss Google antitrust case
Jessica Melugin joined Fox Business to discuss the antitrust case against Google, what the government needs to prove to emerge successful from the case and…
Comment
CEI’s comment on Fair and Competitive Livestock and Poultry Markets
Dear Mr. Offutt: On behalf of the Competitive Enterprise Institute, we respectfully submit these comments to the Department of Agriculture (“the Department”) on its proposed…
Blog
Proof of price gouging is harder to find than Bigfoot
The concept of “price gouging” is a lot like Bigfoot. Lots of people think it exists and have been chasing it for decades. Yet actual…
National Review
AI Could Make the Google Court Decision Moot
In a decision by the District Court of the U.S. District of Columbia, Google has been found guilty of monopolizing its leadership in…
Blog
CEI comments opposing destructive anti-merger rules from troubled FDIC
The Federal Deposit Insurance Corporation (FDIC) has been the subject of recent hearings and news reports regarding findings of a toxic workplace atmosphere of…
National Review
Baseless Federal Investigations Would Stifle America’s Pioneering AI Industry
The Biden administration is going beyond antitrust enforcement in AI and is instead trying to predict the future of the industry itself. Reports indicate…
News Release
AI antitrust investigations go against U.S. innovation: CEI analysis
The Federal Trade Commission (FTC) and Department of Justice (DOJ) announced new antitrust investigations into investments in Artificial Intelligence (AI) made by Microsoft, OpenAI, and…
News Release
DOJ’s suit to breakup Live Nation-Ticketmaster will not lead to lower prices for entertainment
The Department of Justice filed a lawsuit today against Live Nation, the parent company of Ticketmaster, alleging anticompetitive behavior. The DOJ lawsuit seeks to…
News Release
Radical change at Biden FTC leads to busted norms, new agenda facing skeptical judiciary: CEI paper
In July 2021, President Biden signed an executive order on competition policy, calling the previous 40 years of bipartisan agreement on the issue “an experiment…
Study
Achieving Change at the Federal Trade Commission
Introduction “Never mistake activity for achievement.” – John Wooden Although small in budget, the Federal Trade Commission (FTC) has sometimes had an outsized impact. Created to fulfill one of…
The Wall Street Journal
‘Net Neutrality’ Faces a Stiff Judicial Test
The Federal Communications Commission voted Thursday along partisan lines to reclassify broadband internet access service as a common carrier telecommunications service under Title II of…
Blog
FTC tightens grip over its in-house judges
The Federal Trade Commission (FTC) possesses one of the most conflicted administrative law court (ALC) systems. The agency recently began hiring new administrative…
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 and Director of Publications
- Antitrust
- Business and Government
- Regulatory Reform
Jessica Melugin
Director of the Center for Technology & Innovation
- Antitrust
- Innovation
- Media, Speech and Internet Freedoms
Alex Reinauer
Research Fellow
- Antitrust
- Innovation
- Tech and Telecom