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
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…
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…
Search Posts
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…
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…
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…
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…
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