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.
Antitrust regulation’s problems are structural and incurable. The Competitive Enterprise Institutes advocates abolishing antitrust law, removing remaining government monopolies, and preventing the creation of new ones.
Featured Posts
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…
Search Posts
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…
Blog
A Dangerous Antitrust Game for Microsoft and Consumers
Microsoft’s couldn’t have picked a more inauspicious day to announce its planned acquisition of gaming company, Activision Blizzard. The news came concurrently with antitrust regulators…
News Release
Senate Antitrust Bill Would Deny Consumers Popular Services from Large Tech Platforms
WASHINGTON – The Senate Judiciary Committee is scheduled to mark up The American Innovation and Choice Online Act (S. 2992) today, a bill…
Blog
The American Innovation and Choice Online Act Would Regulate Away Consumer Benefits
Perhaps Congress’ enthusiasm for ongoing government oversight of business decisions, embodied in tomorrow’s closed door markup of the American Innovation and Choice Online Act…
News Release
Revived FTC Antitrust Suit Against Facebook Could Put Chill on Innovative Acquisitions in Tech Industry
WASHINGTON – A federal judge today reversed an earlier decision and permitted a case filed against Facebook by the Federal Trade Commission (FTC) to…
The Dispatch
Classical Liberals Aren’t Naive About Big Business
Big business has become a point of friction between conservatives and classical liberals, especially social media and other internet companies that fall under the heading…
Blog
Britain’s Competition and Markets Authority Is Becoming a Global Problem
When British supporters of Brexit talked of “global Britain,” they probably didn’t have in mind British bureaucrats dictating to the world how businesses should be…
Real Clear Policy
DOJ’s Antitrust Case Against Publishers is an Overreach
The U.S. Department of Justice’s (DOJ) antitrust suit to stop the merger of publishers Penguin Random House and Simon & Schuster has not gained as…
Inside Sources
Biden Administration Threatens Consumers with Net Neutrality, Again
A big priority for progressives and, hence, the Biden administration is reinstatement of Obama-era net neutrality regulations. The Federal Communications Commission (FCC) will once again regulate internet service providers under Title II of the Telecommunications…
National Review
Can I Speak to a Manager?
Earlier this month, U.S. senators Amy Klobuchar (D., Minn.) and Chuck Grassley (R., Iowa) unveiled plans for their American…
Blog
Sen. Klobuchar’s Half-Baked Antitrust Bill
A famous scene in the 1990s comedy movie Half Baked has a young Jon Stewart musing about how different everyday activities can be while…
Letters
CEI Joins Coalition Urging Senate Republicans to Reject Democrat Antitrust Trap
Dear Senator, Recent media reports have indicated that Senate Democrats are crafting a package of European-style antitrust regulation. Some left-wing politicians are attempting…
Barrons
A Key FTC Case Goes Down the Regulatory Rabbit Hole
As imagined in Lewis Carroll’s classic, having gone down the rabbit hole, a bewildered Alice learns from the Cheshire Cat that, if you don’t know…
Blog
Not Always an Antitrust Issue: Airline Edition
The Justice Department is gearing up to file an antitrust case against JetBlue and American Airlines over an alliance they recently formed. The Wall…
News Release
Senate Judiciary Antitrust Hearing on Big Data Based on Flawed Premises
WASHINGTON – The Senate Judiciary Committee’s Subcommittee on Antitrust will hold a hearing today on the implications of data on competition. Subcommittee Chair Senator Amy…
News Release
Court Rules Apple App Store Rules Do Not Violate Antitrust Laws
A federal district court today ruled that Apple’s rules regarding payments on its App Store do not violate antitrust laws. The case, brought by video…
Real Clear Policy
UK Antitrust Bureaucrats Could Kill American Startups
In case you thought the “techlash” threatening Big Tech companies with greater regulation was largely driven by former President Trump’s bluster, think again. An antitrust…
Blog
UK’s Attempt to Block a Merger Between American Firms Could Cripple Innovation
As I explain in both an op-ed and regulatory comments submitted yesterday, the United Kingdom’s Competition and Markets Authority (CMA), the UK’s version…
Comment
Comments to the CMA in re: Facebook/GIPHY merger
Submitted to the Inquiry via [email protected], 1 September 2021 Thank you for the opportunity to submit comments in the matter of the Competition and…
News Release
Former FTC Policymakers Find FTC Complaint Against Illumina-GRAIL Merger Lacking in New CEI Paper
The Competitive Enterprise Institute (CEI) published a new paper today by former Federal Trade Commission (FTC) Chairman Timothy J. Muris and former director…
Study
Screening Out Innovation
Executive Summary This report addresses the appropriate antitrust standards for vertical mergers. It first provides an overview, and then analyzes a specific application to the Federal Trade Commission’s…
The Miami Herald
Consumers and the Private Sector Can Fight Robocalls Better than Government Can
“We have been trying to reach you regarding your car’s extended warranty.” In an age of great political partisanship, robocalls vex American consumers of all…
Blog
The Progressive Playbook? Thoughts on a Slippery Slope
Is there a master plan behind the blunders of governments? Or are politicians just making it up as they go along? The cabal model…
News Release
FTC’s Latest Antitrust Case Against Facebook a Conflict-of-Interest in Search of a Crime
The Federal Trade Commission (FTC) voted to re-file an antitrust case against Facebook, accusing the social media company of being a monopoly and seeking to…
The National Interest
The EU’s Recently Proposed Artificial Intelligence Act Goes Too Far
The European Union is now considering what could become the world’s first comprehensive legislation on artificial intelligence (AI). The aim is to promote European leadership…
National Review
Property Rights and Infinite Cyberspace
What is the one force that can prevent the purported Big Tech villains such as Facebook and Google from being displaced as the dominant platforms? Republicans.
Blog
Big Tech Critic Jonathan Kanter Nominated to Lead Justice Department Antitrust Division
President Biden’s announcement to nominate long-time Big Tech adversary Jonathan Kanter to lead the Department of Justice Antitrust Division follows on the heels of…
The Orange County Register
Conservative Social Media Platforms Can’t Succeed Without Content Moderation
The latest social media platform from the Trump team, Gettr, went from an intended safe space for conservative beliefs to a hellscape of imposter accounts, offensive memes and…
The Southern Illinoisan
A Proposed Law Would Break the Internet
The U.S. House of Representatives is considering a law that would break the internet as we know it. Dressed up in legalese as a ban…
S&P Global
Targeting Amazon Brands, House Bill Could Spur Competition — or Raise Prices
S&P Global cites Vice President for Strategy Iain Murray on proposed regulations targeting Amazon brands: Iain Murray — a vice president with…
Forbes
How Biden’s Executive Order On Promoting Competition Instead Consolidates Government Power
July brought headlines announcing, “Biden to sign order to crack down on Big Tech, boost competition ‘across the board’” and “launch…
News Release
CEI Experts React to President Biden’s Wide-Ranging Executive Order on Competition
President Joe Biden signed an Executive Order on Promoting Competition in the American Economy today, which the White House claims is aimed at enhancing…
The Arkansas Democrat Gazette
Lawsuits by Trump Aimed at Sites’ Bans
The Arkansas Democrat Gazette cites Director of the Center for Technology and Innovation on Trump’s legal actions against social media platforms: Jessica Melugin, director of…
Blog
Relevant Markets, A Dozen Keystrokes, and the Google Play Store Antitrust Lawsuit
Yesterday, after markets closed, 36 state attorneys general announced another antitrust lawsuit against Google. This complaint centers around Google’s Play Store, in which it…
The Washington Times
Trump Announces Lawsuits Against Twitter, Facebook and Google
The Washington Times cites Director for the Center for Technology and Innovation Jessica Melugin on Trump’s legal actions against social media platforms:…
The International Business Times
US States Accuse Google of App Store Monopoly
The International Business Times cites Director of the Center for Technology and Innovation Jessica Melugin on a recent lawsuit against the Google Play Store:…
KRWG
Donald Trump Sues Facebook, YouTube And Twitter For Alleged Censorship
KRWG cites Director for the Center for Technology and Innovation Jessica Melugin on Trump’s legal actions targeting social media platforms: “These social…
The Seattle Times
Trump Files Class Action Lawsuits Targeting Facebook, Google and Twitter over ‘Censorship’ of Conservatives
The Seattle Times cites Director for the Center for Technology and Innovation on Trump’s legal actions against social media platforms: Jessica Melugin,…
News Release
Trump Class Action Suit Against Social Media Platforms for Political Gain, Not a Serious Legal Argument
Former President Donald Trump filed a class action lawsuit against social media platform CEOs Mark Zuckerberg of Facebook, Sundar Pichai of Google, and Jack Dorsey…
Letters
CEI Joins Coalition Urging Lawmakers To Reject Frivolous Spending Request
Dear Chairs Klobuchar and Cicilline and Ranking Members Lee and Buck: We, the undersigned organizations, representing millions of taxpayers and consumers, urge you to reject…
The Orlando Sentinel
If Businesses are Liable for Internet Posts, Consumers Lose
Even amid Washington gridlock, one thing almost everyone seems to agree on is that the way companies moderate online content that makes people mad, and that…
Fox Business
Experts Warn Big Tech Antitrust Bills Could ‘Shackle Innovation and Hurt Consumers’
Fox Business cites Director of the Center for Technology and Innovation Jessica Melugin on proposed antitrust bills: Jessica Melugin, director of the…
The Teller Report
American Elected Officials Attacking Tech Giants: Overhaul or Demolition?
The Teller Report cites Vice President for Strategy Iain Murray on antitrust laws and Apple: “In general, the experience of the average…
The Foundation for Economic Education
Breaking Down the Latest Bipartisan Assault on Big Tech—And How It Could Blow Up in Consumers’ Faces
The Foundation for Economic Education cites Vice President for Strategy Iain Murray on a series of proposed antitrust bills targeting “Big Tech”:…
News Release
New EU Antitrust Investigation into Google More Proof European Antitrust Policy is Untethered from Consumer Harm Standard
The European Union announced today it is launching a new antitrust investigation into Google, alleging the company is using anticompetitive practices in its advertising…
National Review
When Antitrust Is Anti-Consumer
Lina Khan, a noted proponent of expanding and altering U.S. antitrust law, was confirmed last week as a commissioner to the Federal…
The World News
Huge Changes Coming Soon for Internet and Big Tech Under US Antitrust Proposal
The World News cites Vice President for Strategy Iain Murray on antitrust laws and Apple: Iain Murray, a senior fellow at the…
Bloomberg Law
Podcast: Would Reforming Section 230 Break the Internet?
Director of the Center for Technology and Innovation Jessica Melugin joins Unchecked to discuss Section 230: Click here to read more.
Letters
CEI Joins HJC Letter Opposing Cicilline Jayapal Bills
Dear Members of the House Judiciary Committee: At a time when voters are looking to Congress to address the country’s most pressing challenges, it seems…
Letters
25+ Conservative Groups and Activists Urge Congress to Reject Democrat Antitrust Power Grab
Dear Member of Congress: We urge you to reject the package of European-style over-regulation in the antitrust bills spearheaded by Rep. David Cicilline (D-R.I.) and…
Blog
Why Increase the Cost and Scope of Antitrust?
Widely regarded as the least controversial of the five antitrust bills introduced in the House last week, the Merger Filing Fee Modernization Act would…
News Release
Billions in Taxpayer Funded Subsidies for Broadband Unnecessary to Expand Internet Connectivity
A bipartisan group of United States Senators introduced the Broadband Reform and Investment to Drive Growth in the Economy Act (BRIDGE Act), which would…
Blog
Platform Competition and Opportunity Act Is An Innovation Killer That Won’t Serve Consumers
One of five antitrust bills introduced last week, The Platform Competition and Opportunity Act, would prohibit leading tech platforms from acquiring companies that are…
National Review
Why Ohio’s Attempt to Regulate Google as a ‘Common Carrier’ Is a Terrible Idea
A decade ago, when Google search was first accused of self-preferencing its own results, a colleague of mine created a meme with text over…
Blog
What Do We Want from Our Platforms?
Two recently introduced House bills seek to restructure antitrust law, supposedly to tackle purported abuses by “big tech” firms. They aim to change how the…
News Release
House Judiciary Committee Antitrust Bills Would Compromise U.S. as Global Leader on Tech and Harm Consumers
Several antitrust bills were introduced today by members of the House Judiciary Committee, including the “American Innovation and Choice Online Act,” the “Platform Competition and…
News Release
Facebook’s Content Moderation Decisions Preferable to One-Size-Fits-All Government Regulation
Facebook announced today it suspended former President Donald Trump from the platform for two years retroactive to January 7, 2021. Responding to a ruling against…
Real Clear Policy
Government Regulation of App Stores Could Wind Up Costing Consumers
App stores are in the crosshairs of regulators around the world, threatening the privacy and security of consumers in jurisdictions throwing the red tape at…
News Release
DC Antitrust Suit Against Amazon Could Actually Harm Consumers by Making Online Goods More Expensive
The District of Columbia’s Attorney General filed a lawsuit today against Amazon, alleging the tech company is engaged in anti-competitive behavior by controlling retail…
Blog
Microsoft to Retire Internet Explorer: Lessons for Today’s Antitrust Cases
Microsoft just announced it will retire its Internet Explorer browser next year. This is the same program that was at the heart of an…
National Review
It’s Time to Exempt News Organizations from Antitrust Restrictions
Congress is currently considering a bill that would allow news organizations to collectively negotiate with online-content distributors, such as Google and Facebook. If passed,…
Blog
One of Google’s Antitrust Cases Dismissed, for Now
A District judge on Thursday dismissed a private antitrust case against Google brought by a group of advertisers. It does not affect separate cases…
The American Conservative
Why Small Firms Sell Out
Among some conservatives’ main complaints about Big Tech is the way it acquires smaller competitors, stopping them from displacing them like Facebook displaced MySpace. The…
Cleveland.com
Why You Shouldn’t Trust The Big-Tech Trustbusters: Tom Haren
Cleveland.com cites Vice President for Policy Iain Murray on antitrust enforcement: Ian Murray, a vice president and senior fellow at the…
News Release
EU Antitrust Action Against Apple – Bad for Trade, Bad for Consumers
The EU Commission declared today that “Apple has a monopoly” in the distribution of music streaming apps to owners of Apple devices, the upshot of…
Fox News
Hawley To Introduce Bill To ‘Bust Up’ Big Tech, Targeting Companies Like Google And Amazon
Fox News cites Director for the Center for Technology and Innovation Jessica Melugin and Senior Fellow Ryan Young on Hawley’s efforts to regulate the tech…
Real Clear Policy
How to Expand Broadband Access Without Spending $100 Billion
The Biden administration thrust the issue of rural broadband into the spotlight when it released the $2 trillion “American Jobs Plan,” which …
News Release
Hawley Antitrust Plan Would Limit Innovation and Harm Consumers
Senator Josh Hawley (R-MO) today touted a new proposal he calls a “trust busting plan” that calls for a new standard for antitrust intervention to…
National Review
Should Social-Media Companies Be Considered ‘Common Carriers’?
Supreme Court Justice Clarence Thomas’s concurrence in Joseph Biden v. Knight First Amendment at Columbia University recommends regulating social-media platforms as if they were…
C-SPAN
VIDEO: CEI’s Jessica Melugin Joins “The Communicators” to Discuss Antitrust and More
Director of the Center for Technology and Innovation Jessica Melugin joined C-SPAN‘s “The Communicators” to discuss technology issues that included antitrust, social media content, and…
News Release
Supreme Court Decision Upholding Relaxed Media Ownership Rules a Win for Local News and Consumers
The United States Supreme Court today upheld a decision by the Federal Communications Commission (FCC) to relax media ownership rules, freeing up the industry…
Fortune
Don’t Put Big Tech or Big Government in Charge of the Truth
The divide among Americans on a wide range of issues is being amplified by social media. Charges of misinformation and censorship online are raising the…
News Release
FTC Nominee Khan’s Antitrust Views Will Have Negative Consequences for Consumers if Made Official Policy
Competitive Enterprise Institute experts reacted to today’s announcement the White House intends to nominate Lina Khan to be a Commissioner at the Federal Trade Commission,…
Inside Sources
Government Antitrust Lawsuit Against Facebook Should be Dismissed
Facebook’s filing to dismiss antitrust lawsuits by the Federal Trade Commission’s (FTC) and state attorneys general is a chance to pause unwarranted political punishment of…
Blog
Those Who Forget the Antitrust Mistakes of the Past Are Bound to Repeat Them
Yesterday’s Senate antitrust hearing was broad in its discussion of reforms, but one point deserves clarification. A witness from Open Markets centered much of…
Real Clear Policy
Biden Administration Should Take a Restrained Approach to Fighting Disinformation
As the Biden administration counters foreign disinformation, it faces growing calls to impose stricter restrictions on social media and online platforms. While tech companies should…
Blog
Why Facebook’s Antitrust Cases Should Be Dropped
Facebook filed today to dismiss antitrust lawsuits against it today by the Federal Trade Commission (FTC) and several state attorneys general. One of the…
Seattle TImes
Biden administration needs a more nuanced approach toward Chinese apps
As the Biden administration recalibrates its policies toward China, it should carefully balance economic and security interests in reviewing Chinese mobile applications, such as TikTok…
News Release
CEI Experts: Courts Should Dismiss Antitrust Lawsuits against Facebook
Facebook today asked courts to dismiss antitrust lawsuits brought by the Federal Trade Commission and state attorneys general, an outcome supported by the Competitive Enterprise…
USA Today
Protecting Publius: Online Anonymity is Critical for Protecting Freedom to Dissent
The bipartisan loathing of Section 230, the liability shield that protects online platforms from being legally responsible for what their users post, has…
National Review
Antitrust Litigation Usually Causes More Harm Than Good. Big Tech Is No Different
Advocates of expanded antitrust regulation often cite past cases to demonstrate the benefits of pursuing litigation against today’s Big Tech firms. But when the details of…
Blog
Proposed European Tech Regulations Will Backfire, Badly
The European Union recently proposed two major tech regulation bills aimed at America’s tech industry, the Digital Markets Act (DMA) and the Digital…
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
Alex Reinauer
Research Fellow
- Antitrust
- Innovation
- Tech and Telecom