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LPE Originals

A Dialysis Duopoly: How Public Funding Entrenched Private Power

For the half-million people in the U.S. with kidney failure, survival rests in the hands of two powerful corporations — DaVita and Fresenius — that control over 70% of the outpatient dialysis market. But the history of dialysis isn’t a simple narrative of corporate consolidation; it’s a case study of how public funding can entrench private power in health care.

LPE Originals

Consolidating Care: A Symposium on Medicine and Market Power

From the dialysis market to the pharmaceutical industry, health care is seeing growing consolidation and corporatization. Over the next month, this symposium will explore the financialization of various health care industries and begin to sketch the contours of a progressive pushback—how law, policy, and regulatory action can help erect guardrails to protect us from both illness and insolvency.

LPE Originals

Antimonopoly and Artificial Intelligence

While debate over AI regulation in the United States has largely focused on safety, the future of AI progress will also be determined by market structure. To ensure continued innovation, policymakers must use antitrust tools to protect competition at all levels of the supply chain — from hardware and cloud infrastructure to models hubs and consumer applications.

LPE Originals

“Business Goes To The Wage Cutter”: Abusive Labor Practices And Unfair Competition

Antitrust enforcers have recently begun to treat abusive labor practices — such as worker misclassification and noncompete agreements — as unfair methods of competition. But this approach is not new. Since the early twentieth century, labor advocates, legislators, and judges have all recognized that when employers mistreat their workers to obtain cost advantages, they harm both workers and their competitors.

LPE Originals

Did More Competition Make Meatpacking Fairer?

According to a common antimonopoly narrative, prior to the merger wave of the 1980s, antitrust enforcement kept the meatpacking industry competitive and relatively decentralized — a situation that enhanced farmers’ autonomy and bargaining power. Yet a closer look at the historical record reveals that this fierce midcentury competition also undermined the unionized labor force and New-Deal regulatory regimes that previously dispersed power. Correcting this narrative should encourage antimonopolists not to become too starry-eyed about “competition” as a market regulator.

LPE Originals

Is Anyone Afraid of Breaking The Price-Fixing Laws Anymore?

The DOJ’s price-fixing suit against RealPage, which has uncovered brazen collusion among competing landlords across the United States, is a welcome departure from decades of hands-off antitrust enforcement. Yet with prices going up in industry after industry, and so few price-fixing cases brought in recent years, it appears many businesses have determined that the risk of collusion is worth the reward.

LPE Originals

From the Vault: LPE & Antitrust

To kick off a new series – From the Vault – we dip into the archive and highlight some of our favorite posts on antitrust. Featuring classics by Sanjukta Paul, Sandeep Vaheesan, Marshall Steinbaum, Brian Callaci, and John Mark Newman.

LPE Originals

(Some of) The Best New LPE and LPE-Adjacent Scholarship

With the spring submission season nearly in the books, we highlight some of the most exciting forthcoming LPE and LPE-adjacent articles. Covering antitrust, legal theory, climate change, religion, disability, labor, consumer protection, criminal law, and so much more, this scouting report is not to be missed.

LPE Originals

The Limits of Anti-Monopsony Antitrust

The Biden administration’s antitrust policy has been the most pro-labor in decades. And yet, the response from labor advocates and the labor movement has been rather muted. Why the disconnect? And what can it teach us about the limits of antitrust policy that takes the ideal of perfect competition as its normative benchmark?

LPE Originals

How Not to Regulate Digital Platforms

In Paul Gowder’s recent blog post, as well as in his new book, he argues that we should democratize, rather than dismantle or restructure, Big Tech platforms. However, this familiar framing obscures more than it reveals, relying upon an impoverished account of the political economy of technology, of the co-evolution of politics and production, and of the core role of material infrastructure in digital settings.

LPE Originals

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.

LPE Originals

Dismantle or Democratize Big Tech?

With bipartisan calls to break up big tech, it is worth pausing to ask whether the proposed remedy matches the diagnosis of the problem. Antitrust breakups work best when there’s a clear conflict between public and company interests. Yet with some of the most pressing problems – such as the spread of disinformation – company and public interests plausibly converge. An alternative approach would be to keep tech companies intact but integrate users and workers more directly into their governance systems.