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Why Antitrust Reform Matters

In the recent exchange between the Marxists and the antitrusters, much of the disagreement has turned on different understandings of the project of antitrust reform. What is its animating goal? Is antitrust a substitute or complement to other forms of regulation? And how does antitrust relate to broader political movements? Identifying rival stances that one might take on these questions can help clarify this debate, while also showing how antitrust law can serve as an instrument for democratizing economic life.

Democratic Abundance

What can the history of publicly-governed electrical utilities in the twentieth century teach us about today’s struggle for an accountable power sector? Sandeep Vaheesan kicks of a symposium on his new book, Democracy in Power, by tracing the history of electrification during the New Deal and offering a blueprint for a publicly-led path to decarbonization.

The FTC Abolishes Non-Compete Clauses

On Tuesday, the Federal Trade Commission enacted one of the most significant regulations of the Biden years: a comprehensive ban on non-compete clauses. Now the FTC must defend its rule in court.

The Treatise That Has Misled Antitrust Lawyers for Decades

Stephen Breyer called it more valuable than circuit court precedents and Supreme Court Justices. Yet the Areeda-Hovenkamp treatise on antitrust law adopts misleading legal interpretations that systematically favor corporate power in at least two key areas: thresholds for exclusive-dealing foreclosure and the efficiencies defense for mergers. Time for a reappraisal of an antitrust staple.