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
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
The Federal Trade Commission (FTC) has taken a positive step by restoring the language “without unduly burdening legitimate business activity” to its mission statement, as…
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…
Search Posts
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…
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.
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