Second Request

Talking Big Tech, Antitrust, and Refusals to Deal with Daniel Hanley Nov 15, 2024

Daniel Hanley, Senior Legal Analyst at the Open Markets Institute, discusses his recent paper "Illuminating the Anti-Coercion Foundations of Refusals to Deal" and its implications.

Market Concentration in Food & Agriculture with Sarah Carden and Basel Musharbash Oct 24, 2024

Antitrust attorney Basel Musharbash and Farm Action’s Sarah Carden discuss a groundbreaking report on corporate control in American agriculture. Commissioned by Farm Action and written by Basel, ’Kings Over the Necessaries of Life' dives into the history of competition policy in agriculture, current market concentration levels, and strategies for restoring competition in this crucial sector.

The Hidden Costs of Electric Utility Monopoly Power with John Farrell Jul 01, 2024

Co-director of the Institute for Local Self-Reliance and director of the Energy Democracy Initiative, John Farrell, discusses his recent report on the 100-year-old business model granting private exclusive power over the public resource of electricity. Learn about the abuses that come from allowing private monopoly power to control electricity, including pollution-linked deaths, price-hiking, power-shutoffs for low-income families and other publicly borne burdens. The discussion also includes recommended structural reforms for restoring competition and equilibrium to the sector.

The Recent NAR Settlement and the Future of Residential Real Estate Jun 06, 2024

On this episode of Second Request, The Capitol Forum’s Teddy Downey speaks with CEO of REX, Jack Ryan, and RealClearMarkets Editor John Tamny about the recent settlement involving the National Association of Realtors (NAR) and its implications for the real estate industry and homeowners. Jack and John are the authors of a new book entitled Bringing Adam Smith into the American Home, which challenges the conventional wisdom surrounding homeownership and offers a compelling argument for reevaluating realtor commissions.

Antitrust Economics at a Time of Upheaval Jun 06, 2024

Hear the editors of the new book Antitrust Economics at a Time of Upheaval: Recent Competition Policy Cases on Two Continents discuss the recent resurgence and transformation in competition policy and economics in the US, the EU and the UK. Professors John Kwoka, Tommaso Valletti and Lawrence White talk to Capitol Forum Executive Editor Teddy Downey about some of the cases they see as “flashpoints” in the competition paradigm shift and explain the economic implications of recent enforcement actions.

Jason Kint on the US vs. Google Antitrust Trial Jun 06, 2024

CEO of Digital Content Next, Jason Kint, offers his analysis of the recently concluded Google trial proceedings. As one of the foremost authorities on digital media and tech policy, Jason offers invaluable insights into the implications and potential outcomes of this landmark case.

The Re-Monopolization of the U.S. Sports Trading Card Industry May 08, 2024

Listen in as Capitol Forum Executive Editor Teddy Downey interviews the authors of a recent paper entitled “The Re-Monopolization of the U.S. Sports Trading Card Industry.” Authors Marc Edelman, Nathaniel Grow and John Holden discuss the history of US sports trading cards leading up to sports retailer Fanatics’ consolidation of the $8B industry. Learn how Fanatics used exclusive sports-licensing agreements to achieve the monopoly and what the potential implications are for the industry and for consumers.

Capital One/Discover: A Competition Policy and Regulatory Deep Dive Apr 15, 2024

Hear senior policy analyst at Economic Liberties Shahid Naeem discuss his findings from a recent report on the proposed Capital One/Discover merger, which, if approved, would create the U.S.’s sixth-largest bank and No. 1 credit card issuer. Shahid evaluates the strength of Capital One’s “merge-to-compete” defense in an increasingly challenging enforcement environment.

Antitrust Enforcement - Past, Present, & Future with Bill Baer Apr 15, 2024

On the latest episode of The Capitol Forum’s Second Request podcast, Executive Editor Teddy Downey speaks with one of the world’s best known and most respected antitrust/competition enforcers, Bill Baer. As the only person to have led antitrust enforcement at both U.S. antitrust agencies, Bill offers unique insight into how antitrust enforcement has changed over the years and what challenges and opportunities current enforcers face.

Exploring Shifts in the Global Antitrust Landscape with Cristina Caffarra Apr 15, 2024

On this episode of Second Request, renowned antitrust expert Cristina Caffarra talks to Executive Editor of The Capitol Forum, Teddy Downey, about how the major shift underway in US antitrust is propagating across the globe. Listen to the podcast to learn what implications the shift has for antitrust, trade and industrial policy across the US, Europe and the Global South. They also cover developments that have come out of Cristina’s groundbreaking conference in Brussels: Antitrust, Regulation and the Next World Order.

John Newman on Antitrust, AI and Current FTC Cases Mar 20, 2024

On this episode of Second Request, The Capitol Forum’s Teddy Downey speaks with former FTC deputy director and DOJ trial attorney, John Newman, about the current antitrust landscape in the US. Currently a Professor of Law at Miami University, John is an expert on antitrust and competition law, with a primary focus on the economics and regulation of digital markets. Listen to the podcast to hear them discuss the latest FTC cases and how AI is shaping antitrust law.

2024 Presidential Election Outlook with Michael Podhorzer Mar 20, 2024

Experienced election analyst Michael Podhorzer talks to Executive Editor of The Capitol Forum, Teddy Downey, about the 2024 presidential election. Listen to the podcast to learn more about what polling and historical voting patterns can and can’t tell us about prospective outcomes. They also discuss the roles and responsibilities of the press during election cycles.

How Hackers Dox Doctors to Order Mountains of Oxy and Adderall Mar 20, 2024

404 Media co-founder and journalist Joseph Cox discusses his latest investigation into how hackers and fraudsters are illegally accessing sensitive drug ordering tools and then advertising some of the most tightly controlled drugs in the country, including fentanyl. Communicating directly with the hackers and fraudsters themselves, Joseph was able to uncover how they are gaining access to legitimate drug ordering services. Listen to the podcast to learn about the methods they use and why unsecure “credit header data” is at the root of many of these compromises.

White House Competition Priorities: A Conversation with Bharat Ramamurti Jan 23, 2024

On this episode of Second Request, Executive Editor of The Capitol Forum, Teddy Downey, speaks to former Deputy Director for the National Economic Council Bharat Ramamurti about the White House’s approach to improving competition across all sectors of the economy. During his time on the National Economic Council, Bharat played a key role in developing the President’s Executive Order on Competition, which set forth 72 provisions for steps federal agencies can take to promote competition. Listen to the podcast to learn how the Executive Order reflects the president’s specific competition priorities and to hear about some of the successes that have already come out of it, including the newly established Competition Council.

A Discussion with Clean Virginia’s Brennan Gilmore Dec 21, 2023

On this episode of Second Request, executive director of Clean Virginia, Brennan Gilmore, discusses the biggest successes and challenges Clean Virginia has experienced working to advance clean government and clean energy. Listen to the podcast to learn about the history of Virginia’s monopoly utility regulation and the influence Dominion Energy, Virginia’s largest utility, has had on how the state’s energy is structured. You'll hear why Clean Virginia blames a misaligned incentive structure and political influence for years of customer overcharges, poor energy efficiency, and lack of market competition and what they are doing to change it.

Unpacking the Litigation Against the National Association of Realtors with Real Estate Executive Jack Ryan and Antitrust Attorney Darren McCarty Nov 29, 2023

Jack Ryan, cofounder and CEO of the real estate brokerage REX, and Darren McCarty, lead lawyer in the current antitrust litigation for REX, discuss the recent litigation against the National Association of Realtors and what it means for the future of residential real estate.

A Deep Dive into the Google Trial and Tech Landscape with Seth Bloom Nov 29, 2023

Legal expert Seth Bloom delves into the Google antitrust trial, amidst the current legal landscape, tech trends, and evolving regulatory environment. Analyzing the trial's dynamics, he and host Teddy Downey explore the role of Judge Mehta, potential outcomes, and the broader implications for the tech industry. The conversation extends to AI, cloud computing, and algorithmic accountability, touching on issues surrounding YouTube and children's privacy.

Kevin Erickson on Live Nation Entertainment Nov 29, 2023

Kevin Erickson, director of the Future of Music Coalition, discusses the DOJ and State AGs’ monopolization investigations into Live Nation and how anticompetitive conduct in the industry hurts musicians and fans. Kevin and host Teddy Downey lay out what regulators, enforcers, and policymakers can do to encourage competition, diversity of practice, and creative autonomy in the live music marketplace.

Untapped Government Policy Options for Getting Cheaper Generics to Market with Dr. Michael J. Birrer Nov 29, 2023

Dr. Michael J. Birrer, an expert in oncology, discusses the complexities of generic oncology drug shortages, exploring the root causes and potential solutions to this recurring problem. Dr. Birrer shares his perspectives on the impact of reimbursement policies, the role of government intervention, and the need for a more streamlined FDA process. The discussion also touches on the influence of insurance companies, the quality of medical expertise in insurance decisions, and the broader landscape of oncology drug development.

Venture Predation: How Venture-Backed Startups Use Predatory Pricing to Suppress Competition Sep 15, 2023

On the latest episode of Second Request, Associate Professor of Law Matthew Wansley and Professor of Law Samuel Weinstein of Cardozo School of Law discuss their recent article entitled “Venture Predation” published in the Journal of Corporation Law. Speaking with The Capitol Forum’s Teddy Downey, Matthew and Samuel explain the economics and history behind venture predation and why we currently see very little enforcement of the practice. Download the podcast to hear descriptions of some of the high-profile case studies addressed in their article, including Uber, WeWork, and Bird and learn what these examples can show us about venture predation’s harmful impact on consumers, communities and innovation.

A Discussion with Shaoul Sussman on the DOJ and FTC’s New Merger Guidelines Aug 03, 2023

On this episode of Second Request, Teddy Downey and the FTC’s Shaoul Sussman discuss the new draft merger guidelines from the FTC and DOJ. Shaoul describes some of the market dynamics, economic conditions and case law reflected in the new guidelines, and why the agencies thought it was time for an update: The agencies “have a mandate to make the guidelines more accessible and provide clear rules of the road, both for CEOs that contemplate a merger and also for the public to understand what goes into how we think about cases.”

Listen to the podcast to hear them delve into some of the language and intentions of individual guidelines, including:

Guideline six and market structures
Guideline seven and the concept of dominance
Guideline eight and concentration trends

Diana Moss to Swifties: This is How to Break Up Ticketmaster/Livenation Jul 27, 2023

On July 20, Capitol Forum Executive Editor Teddy Downey spoke with Diana Moss, President of the American Antitrust Institute (AAI), about what a LiveNation-Ticketmaster monopoly breakup could look like. The AAI recently published a deep dive on vertical integration of Live Nation and Ticketmaster as well as proposed remedies. On the podcast, Diana describes the legal climate around vertical mergers in 2010 when the two companies first merged: “We had this whole gestalt around vertical mergers being viewed as pro-competitive, getting a lot of deference in enforcement cases, no case law. And that merger, Live Nation/Ticketmaster, was especially egregious because Ticketmaster had about 80 percent share in primary ticketing.”

To put that statistic in perspective, Diana sites the new, proposed merger guidelines, which describe 50 percent share as a presumption of anti-competitive outcomes. The current result, she points out, is a lack of choice for everyone involved: “Venues have no choice, or very little choice, but to go to Ticketmaster.

Artists have very little choice but to go to Ticketmaster for ticketing. Even Taylor Swift had to do this. She was promoted by AEG, which is a competing concert promoter, but AEG didn't have the ticketing services. So Ticketmaster was the only option.”

Listen to the full podcast to hear about:

The complications of secondary markets

Retaliation fears from artists and independent venues

Historical breakup precedents

Potential remedies, including the drawbacks to conduct remedies

The Rise of Textualism in Antitrust Enforcement: A Conversation with Bob Lande Jul 13, 2023

In the latest episode of Second Request, Teddy interviews Bob Lande on the impact of textualism on merger analysis. Bob Lande is Venable Professor of Law Emeritus at the University of Baltimore School of Law and a board member for the American Antitrust Institute who has written about the use of textualism in antitrust enforcement and the way it affects statutory interpretation in a recent article for the Utah Law Review and a presentation to the FTC.

Due to its emphasis on “precise language,” Bob argues that rather than leading to more conservative antitrust decision making by the courts, textualism should lead to the exact opposite: “Textualism should lead, if anything, to more aggressive antitrust enforcement….This is because the Sherman Act, the FTC Act and the Clayton Act are all products of the progressive era. It's not surprising that their precise language is very pro-consumer and very anti-monopoly.”

Listen to the podcast to hear Teddy and Bob discuss:

• Section 7 language

• The express efficiencies defense

• Monopolization

California Attorney General Rob Bonta’s Antitrust Priorities Jul 06, 2023

On April 23, 2021, Rob Bonta was sworn in as the 34th Attorney General of the State of California, the first person of Filipino descent and the second Asian-American to occupy the position.

Attorney General Bonta's passion for justice and fairness was instilled in him by his parents, who served on the frontlines of some of America's most important social justice movements. Instilling in him the lessons they learned from the United Farm Workers and the civil rights movement, Attorney General Bonta's parents lit a fire inside him to fight against injustice — to stand up for those who are taken advantage of or harmed. It's why he decided to become a lawyer — to help right historic wrongs and fight for people who have been harmed. He worked his way through college and graduated with honors from Yale University and attended Yale Law School.

In the State Assembly, Attorney General Bonta enacted nation-leading reforms to inject more justice and fairness into government and institutions. As the People's Attorney, he sees seeking accountability from those who abuse their power and harm others as one of the most important functions of the job. In elected office, he has taken on powerful interests and advanced systemic change — pursuing corporate accountability, standing up for workers, punishing big polluters, and fighting racial injustice. He has been a national leader in the fight to transform the criminal justice system, banning private prisons and detention facilities in California, as well as pushing to eliminate cash bail in the state. He has led statewide fights for racial, economic, and environmental justice and worked to further the rights of immigrant families, renters, and working Californians.

The Real Reason Your Groceries Are Getting More Expensive with Stacy Mitchell Jun 22, 2023

Stacy Mitchell is Co-Executive Director of the Institute for Local Self-Reliance, a research and advocacy organization that challenges concentrated corporate power and works to build thriving, equitable communities. ILSR has been a pioneering leader in the growing anti-monopoly movement and has a long track record of working alongside grassroots groups to develop better alternatives, from community-owned broadband, to independent businesses, to distributed solar.

Stacy recently wrote an opinion piece in the New York Times titled The Real Reason Your Groceries are Getting More Expensive, and has advocated for the FTC revitalizing the anti chain store legislation known as the Robinson Patman Act.

Stacy has also produced pivotal research and reporting on the policies driving the decline of small businesses and the economic and political consequences of monopoly power. In 2020, she was profiled by the New York Times for her analysis of Amazon’s power and her leadership in building a broad coalition to counter it. Her reports and articles about the tech giant have drawn a wide and influential readership. The House Judiciary Committee cited her research extensively in its “Investigation of Competition in Digital Markets.” In 2022, political strategy firm Baron named her an “Antitrust Super Influencer” for her role in shaping the policy debate.

FTC Commissioner Alvaro Bedoya Argues for Robinson-Patman Act Revitalization Jun 15, 2023

Alvaro Bedoya was sworn in May 16, 2022 as a Commissioner of the Federal Trade Commission. President Joe Biden named Bedoya to a term that expires on Sept. 25, 2026.

Bedoya was the founding director of the Center on Privacy & Technology at Georgetown University Law Center, where he was also a visiting professor of law. He has been influential in research and policy at the intersection of privacy and civil rights, and co-authored a 2016 report on the use of facial recognition by law enforcement and the risks that it poses to privacy, civil liberties, and civil rights. He previously served as the first Chief Counsel to the Senate Judiciary Subcommittee on Privacy, Technology and the Law after its founding in 2011, and Chief Counsel to former Senator Al Franken, of Minnesota. Prior to that, he was an associate at the law firm WilmerHale.

Alleged Anticompetitive Conduct by Drug Wholesalers with Luke Slindee Jun 08, 2023

This week on Second Request, our host Teddy Downey is joined by Luke Slindee, Senior Pharmacy consultant at Myers and Stauffer LC. In this role, Luke helps facilitate the data collection, data analysis, and public posting of pharmacy actual acquisition cost benchmarks, reducing NADAC and multiple State AACs. Luke is widely recognized for his expertise in pharmacy policy and competition rules.

Philip Mattera on Pay for Delay Jun 01, 2023

This week on Second Request, the Hatch-Waxman Act of 1984 laid out a pathway for generic drugs to come to market as patent protections for brand name drugs expire. But brand-name producers have found a way to stave off competition: paying generic producers to delay market entry of their cheaper drugs.

Structural Presumption for Merger Review with Tommaso Valletti May 25, 2023

Tommaso Valletti is Professor of Economics at Imperial College Business School and also the University of Rome "Tor Vergata" (on leave). He was formerly the Chief Competition Economist of the European Commission,

In a recent paper, "Structuring a Structural Presumption for Merger Review," Tommaso and Filippo Lancieri discuss the key standards that should drive antitrust enforcement.

The Coming Antitrust Wars in the Alcohol Market, with Harry Schuhmacher Apr 27, 2023

With the FTC already investigating the liquor distribution market as well as Big Soda as it tries to enter the beer market, and with the Department of Treasury's TTB undertaking a rulemaking to revamp alcohol competition law, the timing couldn't be better to hear from Harry Schuhmacher on his views on problematic conduct in the alcohol markets.

Harry Schuhmacher is Editor & Publisher of Beer Business Daily, Craft Business Daily and Wine & Spirits Daily – all read on every continent except Antarctica. Harry has worked in the beer business for over 30 years in a variety of positions, and has published Beer Business Daily for over twenty years. In addition, he is the producer of the Beer Industry Summit and the Wine & Spirits Summit. He is often quoted as a beer industry expert in national publications such as Forbes, The Wall Street Journal, and Bloomberg. He is a graduate of the University of Texas at Austin.

Spotting Anticompetitive Conduct in Pharma Supply Chain, with Antonio Ciaccia Apr 04, 2023

46brooklyn is a group of pharmacy experts who set out to educate others about what they had learned about the frustrating complexity of the U.S. drug pricing system.

As 46brooklyn dug into the pharmaceutical supply chain, Ohio began uncovering hundreds of millions of dollars in state overspending on prescription drugs through its Ohio Medicaid program. 46brooklyn's founders had begun doing data analytics and research to help uncover massive disconnects between pharmacy reimbursements, the actual costs of prescription drugs, and what the state of Ohio was getting charged through its state Medicaid program.

Ever since, 46brooklyn has spearheaded a national push for more transparency into the pharmaceutical supply chain, particularly the role played by Pharmacy Benefit Managers (PBMs).

United Healthcare's Culture and Coverage Denial Crisis, with David Armstrong and Patrick Rucker Feb 24, 2023

On February 2nd, Propublica and The Capitol Forum co-published a blockbuster article: "UnitedHealthcare Tried to Deny Coverage to a Chronically Ill Patient. He Fought Back, Exposing the Insurer’s Inner Workings."

It is a shocking story about a persistent effort by an insurer to choose profit over patient health, and we discuss the reporting for the story in-depth with two of the authors. We also explore what the reporters learned about UnitedHealth's culture and the gaps in oversight and enforcement when it comes to the government's role in policing and regulating insurance companies.

Analyzing the FTC's Ban on Noncompete Agreements with Sandeep Vaheesan Feb 02, 2023

The FTC recently proposed to ban noncompete agreements, and one of the most persistent advocates for this rule is Sandeep Vaheesan, legal director at the Open Markets Institute.

Vaheesan leads Open Markets’ legal advocacy and research work, including its amicus program. Vaheesan works on a range of anti-monopoly topics, including antitrust law’s role in structuring labor markets and promoting fair competition. From 2015 to 2018, he served as a regulations counsel at the Consumer Financial Protection Bureau, where he helped develop rules on payday and title lending and debt collection practices. Before that, he worked at the American Antitrust Institute.

Vaheesan’s writing has appeared in The Atlantic, Harvard Law & Policy Review, The New York Times, The Washington Post, and Yale Law Journal Forum. He has a forthcoming book titled Democracy in Power with the University of Chicago Press on the history of public and cooperative power in the United States and the lessons it offers for building a clean, publicly accountable electric industry today.

FTC’s Elizabeth Wilkins Discusses Proposed Ban on Non-Compete Agreements Jan 20, 2023

The FTC recently issued a proposed rule to ban noncompete clauses, which the agency estimates could increase workers’ earnings by nearly $300 billion per year.

Elizabeth Wilkins is the FTC’s Director of the Office of Policy Planning, and the lead on the proposed rule on noncompetes.

The Office of Policy Planning assists the Commission to develop and implement long-range competition and consumer protection policy initiatives and advises staff on cases raising new or complex policy and legal issues.

One of the Office of Policy Planning's primary roles involves advocacy, submitting filings supporting competition and consumer protection principles to state legislatures, regulatory boards, and officials; state and federal courts; other federal agencies; and professional organizations. The Office also organizes public workshops and issues reports on cutting-edge competition and consumer protection topics, addressing questions of substantive antitrust law, industry-specific practices, and significant national and international policy debates. In addition to the Office of Policy Planning, several offices throughout the Commission, including the Bureau of Competition’s Office of Policy and Coordination, also provide policy advice.

Chokepoint Capitalism with Author Cory Doctorow Dec 22, 2022

“In Chokepoint Capitalism, scholar Rebecca Giblin and writer and activist Cory Doctorow argue we’re in a new era of “chokepoint capitalism,” with exploitative businesses creating insurmountable barriers to competition that enable them to capture value that should rightfully go to others. All workers are weakened by this, but the problem is especially well-illustrated by the plight of creative workers. From Amazon’s use of digital rights management and bundling to radically change the economics of book publishing, to Google and Facebook’s siphoning away of ad revenues from news media, and the Big Three record labels’ use of inordinately long contracts to up their own margins at the cost of artists, chokepoints are everywhere.”

“By analyzing book publishing and news, live music and music streaming, screenwriting, radio and more, Giblin and Doctorow deftly show how powerful corporations construct “anti-competitive flywheels” designed to lock in users and suppliers, make their markets hostile to new entrants, and then force workers and suppliers to accept unfairly low prices.”

“In the book’s second half, Giblin and Doctorow then explain how to batter through those chokepoints, with tools ranging from transparency rights to collective action and ownership, radical interoperability, contract terminations, job guarantees, and minimum wages for creative work.”

https://www.penguinrandomhouse.com/books/710957/chokepoint-capitalism-by-cory-doctorow-and-rebecca-giblin/

FTC Chair Lina Khan Discusses Unfair Methods of Competition Dec 12, 2022

Lina M. Khan was sworn in as Chair of the Federal Trade Commission on June 15, 2021. Prior to becoming head of the FTC, Khan was an Associate Professor of Law at Columbia Law School. She also previously served as counsel to the U.S. House Judiciary Committee’s Subcommittee on Antitrust, Commercial, and Administrative Law, legal adviser to FTC Commissioner Rohit Chopra, and legal director at the Open Markets Institute.

Microsoft/Activision with Xbox CEO Phil Spencer Dec 06, 2022

Xbox CEO Phil Spencer discusses competition in the video game market.

Fixing "Litigating the Fix" with Professor Steve Salop Nov 29, 2022

Steven Salop is a Professor of Economics and Law (Emeritus) at the Georgetown University Law Center in Washington, DC, where he teaches antitrust law and economics. His research and consulting focuses on antitrust, competition and regulation. He has written numerous articles in various areas of antitrust and competition which take a modern “Post-Chicago” approach.

He recently co-wrote a paper with Jennifer E. Sturiale laying out a proposal for how antitrust enforcers and courts can fix "Litigating the Fix."

The Hidden Monopoly Driving Up Rents Oct 27, 2022

Heather Vogell is a Propublica journalist currently investigating the  rental housing market. Her recent article, “Rent Going Up? One Company’s Algorithm Could Be Why,” has resonated with citizens, antitrust enforcers, and policymakers across the country.

Taking on Monopoly Power in Search with Neeva CEO Sridhar Ramaswamy Oct 20, 2022

Neeva is an ads-free search engine that Sridhar co-founded after overseeing advertising at Google. We discuss big tech, competition policy, and how his views on data have shifted since creating Neeva.

A Hidden Monopoly in Appalachia Driving Up Energy Prices Sep 23, 2022

Daniel Sherwood, Energy Team Editor at the Capitol Forum, and his colleague Sharon Kelly discuss their investigation into the Natural Gas Liquids market, where they found indications that dominant producers in Appalachia are encouraging each other to keep prices high by producing less.

CVS and Signify: Value-Based Care or Risk Score Gaming? Sep 16, 2022

Lisa Epstein and Vikas Kumar from the Capitol Forum’s corporate investigations team discuss their reporting on the aggressive marketing tactics and sales strategies of Signify Health on the eve of its proposed $8 Billion acquisition by CVS.

Dr. Cristina Caffarra on the State of Europe’s Antitrust Regulation and Enforcement Aug 04, 2022

Dr. Caffarra is a world-renowned competition economist with over two decades of experience. She’s served as a top advisor and expert before the European Commission and has provided guidance to multiple companies and agencies on mergers, conduct cases and regulatory issues.

In this episode of Second Request, Dr. Caffarra dives into the latest in European antitrust regulation and enforcement and voices concerns about the influence of economists on competition.

The Weak Argument Jeopardizing Tech Antitrust Legislation with Gilad Edelman Jul 07, 2022

Gilad Edelman is a senior writer for WIRED, covering the intersection of tech, politics, and law. Before that, he was executive editor of the Washington Monthly. He has a degree from Yale Law School.

His recent article, “The Weak Argument Jeopardizing Tech Antitrust Legislation” is having an outsized impact on the conversation happening on Capitol Hill.

Beat Inflation by Tackling Market Power and Supply Chain Crisis, Says Niko Lusiani Jun 30, 2022

Niko Lusiani is the co-author of the Roosevelt Institute’s recently published paper, “Prices, Profits, and Power: An Analysis of 2021 Firm-Level Markups.

How to understand and respond to inflation has become one of the central debates of this economic recovery. In “Prices, Profits, and Power: An Analysis of 2021 Firm-Level Markups,” Roosevelt’s Director of Macroeconomic Analysis, Mike Konczal, and Director of Corporate Power Niko Lusiani, conduct original research to show that we need an all-of-government administrative, regulatory, and legislative approach to tackling inflation that includes demand, supply, and market power interventions.

Bust Up Pharmaceutical Middlemen, Says Representative Buddy Carter Jun 23, 2022

U.S. Representative Buddy Carter is a pharmacist by trade and a lifelong resident of the First District of Georgia, which he represents. He recently wrote a letter to the FTC calling for an investigation into the ways Pharmacy Benefit Managers (PBMs) spike consumer drug prices and reduce access to life saving drugs.

He discusses the monopoly problems that PBMs present and what the FTC and Congress can do to stop anticompetitive conduct in the industry and protect independent pharmacies.

The Baby Formula Monopoly with Moe Tkacik Jun 16, 2022

Moe Tkacik is a Senior Fellow at the American Economic Liberties Project. She’s a former journalist who has worked for the Wall Street Journal and Time, and she discusses the supply chain crisis behind the Baby Formula shortage and possible solutions to the problem.

Solving Data-opoly Problems with Maurice Stucke May 19, 2022

Maurice Stucke is the Douglas A. Blaze Distinguished Professor of Law at the University of Tennessee and recently wrote Breaking Away: How to Regain Control Over Our Data, Privacy, and Autonomy.

Breaking Away sounds a warning call alerting readers that their privacy and autonomy concerns are indeed warranted, and the remedies deserve far greater attention than they have received from our leading policymakers and experts to date. Through the various prisms of economic theory, market data, policy, and law, the book offers a clear and accessible insight into how a few powerful firms - Google, Apple, Facebook (Meta), and Amazon - have used the same anticompetitive playbook and manipulated the current legal regime for their gain at our collective expense.

While much has been written about these four companies' power, far less has been said about addressing their risks. In looking at the proposals to date, however, policymakers and scholars have not fully addressed three fundamental issues: First, will more competition necessarily promote our privacy and well-being? Second, who owns the personal data, and is that even the right question? Third, what are the policy implications if personal data is non-rivalrous?

Stop Bank Mergers to Help Rural America, Says Basel Musharbash May 12, 2022

His recent report, “To Stem the Tide of Rural Decline, Stop the Bank Merger Wave” is making its own waves in the antitrust community as regulators look to revamp the banking merger guidelines.

Basel shares with us how big the merger wave has been since the 1980s, why it happened, the effect it’s had on farmers, entrepreneurs, and rural communities, and his solution for fixing the problem.

Private Equity is Killing the American Economy, with Josh Kosman Apr 28, 2022

Josh Kosman has been covering the financial industry for twenty-five years. He is a reporter for the New York Post, a former editor at Mergermarket.com and a former senior writer for The Deal and Buyouts Newsletter.

Josh also literally wrote the book on private equity – his The Buyout of America: How Private Equity is Destroying Jobs and Killing the American Economy, published in 2009, made a big political impact at the time, with Obama advisor David Axelrod reportedly using it as the basis for his attacks on Mitt Romney during the 2012 presidential campaign.

Private equity and mergers. The FTC and DOJ are, according to Capitol Forum reporting, taking a harder stance on private equity firms as potential divestiture buyers for assets companies are proposing to sell in their attempts to cure anticompetitive mergers.

Private equity and rising interest rates. Josh’s website details how “Moody’s in May 2020 reported that two-thirds of the companies with the lowest debt ratings” were private equity-owned. “Standard & Poor’s in February 2020 reported $1.5 trillion in speculative-grade US corporate debt matures through 2024…Roughly 60 percent of the money has been borrowed by private equity firm-owned companies. With interest rates rising this poses a big risk.” Josh adds.

Private equity’s political power. Josh is also expert on private equity’s political influence, and has written about Senator Kyrsten Sinema’s (D-AZ) support for the industry and President Joe Biden’s ties to Carlyle Group Co-Founder David Rubenstein.

Antitrust Super Influencers with Baron Public Affairs Apr 21, 2022

Baron Public Affairs recently issued a report naming the top 10 antitrust super influencers, and they share their findings in this episode.

Baron Public Affairs is a unique firm that “combines objective strategy development with groundbreaking research platforms” to help corporate clients “identify, understand and surmount” regulatory threats. They developed their list of antitrust super influencers by sifting through “approximately 27,000 references made by members of Congress, executive branch officials, and others.”

Baron’s top 5 antitrust super influencers are:

1) William Kovacic, George Washington University

2) Sarah Miller, American Economic Liberties Project

3) Charlotte Slaiman, Public Knowledge

4) Adam Kovacevich, Chamber of Progress

5) Matt Stoller, American Economic Liberties Project

See Baron’s full report for the top 10.

The report is full of insights, and worth noting in particular are Baron’s conclusions that “antitrust super influencers prioritize practical achievements over intellectual purity” and that “economics is losing authority in the political arena.”

Block the Spirit/Frontier Airlines Merger Argues Shahid Naeem Mar 31, 2022

Shahid Naeem is a policy analyst at the American Economic Liberties Project and the author of a memo calling for the Department of Justice and Department of Transportation to block the merger between Spirit and Frontier.

Fixing Pharma With Tahir Amin Mar 17, 2022

Tahir Amin is an attorney with more than 25 years of experience in intellectual property law and the co-founder of I-Mak, which seeks to build a more just and equitable medicine system for all via patent reform.

Big Tech Litigation Outlook, with Jason Kint Mar 10, 2022

Jason Kint is CEO of Digital Content Next, the only trade association to exclusively serve the unique and diverse needs of high-quality digital content companies that manage trusted, direct relationships with consumers and marketers. Jason guides DCN’s diverse and powerful group of members — established brands such as The New York Times, Conde Nast and ESPN, and digital natives, such as Vox, Politico and Insider — into the future, setting the agenda on a range of issues.

Jason produces must-read analysis of ongoing litigation against the big tech platforms, primarily Google and Facebook. In this episode, Jason tells us what he’s focused on in the tech platform battles in the courts, and what we can expect to see going forward.

Amazon Vs. The U.S. Postal Service, a Ted Tatos Talk Mar 03, 2022

Ted Tatos is Managing Director of EconOne and co-author of the recent report, “Protecting the U.S. Postal Service from Amazon’s Anticompetitive Assault.” In the conversation, we get into a lot of different aspects of Amazon’s ongoing effort to dominate the postal service.

A quick note: Ted’s report was funded by a conservative group called The Family Business Coalition, which includes small family-owned businesses that ship parcels. For the report, Ted also interviewed a couple of prominent voices in the antimonopoly movement whom we’ve had on the show before—Matt Stoller from the American economic liberties project and Stacy Mitchell from the Institute for Local Self Reliance.

Matthew Buck Explains How America’s Supply Chains Got Railroaded Feb 17, 2022

Matthew Jinoo Buck is a fellow at the American Economic Liberties Project and a first-year student at Yale Law School.

His article in the American Prospect, “How America’s Supply Chains Got Railroaded” tells the history of how deregulation and consolidation gave us a railroad industry that is now a weak link in our supply chain. He also tells how the industry is more dangerous for workers and less reliable for customers even as it produces outsized profits for investors.

Jeff Horwitz on The Facebook Files Feb 10, 2022

Jeff Horwitz is a Wall Street Journal technology reporter who covers Facebook. He is the lead reporter on the groundbreaking series of articles titled The Facebook Files. The conversation covers myriad issues facing Facebook and we ask Jeff why, when facing choices between the public interest and growth on the platform, Mark Zuckerberg always chooses growth.

Evan Starr on The Economic Benefits of Banning Non-competes Feb 03, 2022

Evan Starr, Associate Professor of Management & Organization at the Robert H. Smith School of Business at the University of Maryland, discusses the likely economic benefits of the FTC banning non-compete agreements, including a boost to wages and worker mobility.

Inflation, Monopoly, and Predictions for 2022 with Matt Stoller Jan 20, 2022

Matt Stoller, Director of Research at the American Economic Liberties Project, discusses the debate around monopoly and inflation. Matt also shares his predictions for the antimonopoly movement in 2022.

Luke Herrine: FTC Should Reject the Conventional Folklore Around its Unfairness Authority Dec 23, 2021

Luke Herrine, author of “The Folklore of Unfairness.” Herrine’s article, published recently in the New York University Law Review, argues that conventional wisdom – which holds that the FTC in the 1970s pursued an expansive notion of its unfairness authority but failed spectacularly – “gets the law and the history wrong.”

Instead, argues Herrine, the commission’s actions in the 1970s were quite popular, and the FTC Act’s ban on “unfair…acts and practices” is therefore “more potent than commonly assumed.” That argument could take on new urgency as current FTC Chair Lina Khan seeks to push the boundaries of the commission’s authority.

Amazon’s Toll Road with Stacy Mitchell, Co-director of the Institute for Local Self-Reliance Dec 16, 2021

Stacy Mitchell is co-director of the Institute for Local Self-Reliance and directs its Independent Business Initiative, which produces research and designs policy to counter concentrated corporate power and strengthen local economies.

ILSR’s new report, Amazon’s Toll road, finds that “Amazon is exploiting its position as a gatekeeper to impose steep and growing fees on third-party sellers” and that “even as these exorbitant fees bankrupt sellers, they are generating huge profits for Amazon, a fact that the tech giant conceals in its financial reports.”

Jeff Hauser: Cracking Down on Monopolies is Winning Politics Dec 09, 2021

Jeff Hauser is the founder and director of the Revolving Door Project, which is an influential organization that scrutinizes executive branch appointees to ensure they serve the public interest rather than large corporations’ interests.

The Revolving Door Project’s newest polling and analysis memo, “Corporate Crackdown” concludes that there is broad, bipartisan support for a President who is willing to stand up to entrenched corporate power and illegal corporate conduct.

The “No Collusion” Rule by Brendan Ballou, DOJ Trial Attorney Dec 02, 2021

Brendan Ballou is a trial attorney at DOJ’s antitrust division and author of “The 'No Collusion' Rule,” published earlier this year in the Stanford Law & Policy Review. In that article, Ballou proposes that the FTC, under its unfair methods of competition authority, should pursue a “no collusion” rulemaking , which would seek to prevent companies from raising prices simply because their competitor has done so.

Barry Lynn, Executive Director of the Open Markets Institute Oct 28, 2021

Barry Lynn has literally written the book on two of the hottest economic and policy topics right now—monopolies and supply chain fragility. His book on monopoly is called Cornered: the new monopoly capitalism and the economics of destruction and his book on supply chains is called End of the Line.

On a previous podcast, former FTC Chair Bill Kovacic said that Barry Lynn’s work on launching the antimonopoly movement is “one of the most successful efforts to develop a new intellectual framework and to get it into the bloodstream of the policymaking process.”

In this episode, Barry talks about the importance of the President's executive order on competition and where the antimonopoly movement is headed next.

The Honorable Bill Kovacic Sep 30, 2021

The Honorable Bill Kovacic gives his outlook for antitrust enforcement in the Biden administration and distinguishes between antitrust Transformationalists and Traditionalists and their struggle for influence. He also discusses antitrust rulemaking, antitrust legislation, and Robinson-Patman enforcement.

Claire Kelloway on Meat Industry Consolidation’s Impact on Workers and Citizens Sep 10, 2021

Teddy talks with Claire Kelloway, a senior reporter with the Open Markets Institute. She’s also the primary writer for Food & Power, a website providing original reporting and resources on monopoly power in the food system.

Claire gives her outlook for antitrust enforcement in the meat industry during the Biden administration.

miheGBWc0OwEliouw3ea

Seth Bloom’s Outlook for Antitrust Legislation Jul 15, 2021

Teddy chats with Seth Bloom, founder of Bloom Strategic Counsel and former General Counsel of the Senate Antitrust Subcommittee, to get his thoughts on which antitrust bills can pass Congress and get signed into law and which will be left on the cutting room floor.

Seth and Teddy also talk about

new priorities at the FTC,
which already-consummated mergers the FTC might investigate and try to break up, and
other parts of the FTC’s agenda that are being overlooked.

Ron Knox says, “Break up Big Music” Jul 01, 2021

Teddy chats with Ron Knox, senior researcher and writer at The Institute for Local Self-Reliance, about his recent article in Wired Magazine, Big Music Needs to Be Broken Up to Save the Industry. He tells stories about

why music is worse now than it was when the industry was more competitive,
how Sweet Jane Recordings is actually owned by a big conglomerate,
how independent record stores ended up with prescription cough syrup instead of indie records,
how YouTube effectively sets a floor on streaming royalty rates, and how big radio pays no royalty rates for playing music.

Lastly, he talks about how he is optimistic that new antitrust leadership and new legislation in Congress will reshape the industry.

The Honorable William Baer May 27, 2021

Teddy chats with Bill Baer about antitrust being at an inflection point, the consumer welfare test as "not even a useful construct anymore," antitrust rulemaking as a new tool in the enforcer toolbox, stepped up criminal antitrust enforcement, and a likely increase in focus on buyer power concerns from antitrust enforcers.

Second Request Trailer May 12, 2021

Following forty years of laissez-faire antitrust enforcement and industry consolidation, the White House is considering a fundamental rethink of how to interpret, enforce, and rewrite antitrust law, and many questions remain unanswered for the antitrust community.

On the heels of federal and state litigation against Google and Facebook, is Amazon next? Will the new administration put big agriculture, big banks, and big pharma in its crosshairs? Will the courts stop antitrust enforcers in their tracks? Will the Biden administration get cold feet?

Second Request provides in-depth discussions with antitrust experts about the answers to these questions and about proposed solutions to the biggest monopoly problems of our time. Backed by the investigative resources and intellectual rigor of The Capitol Forum, Executive Editor and host Teddy Downey examines the effects of the current concentrations of market power across a vast array of industry verticals as he and his guests analyze the potential responses from the federal government. Offering thoughtful conversations with analysts and decision makers, Second Request provides everyone from C-Suite executives to policymakers, and all those in-between, strategic antitrust insights at the intersection of law, policy, and markets.

Our TOPPODCAST Picks

Follow Us

Stay Connected

Related Podcasts

Links

Stay Connected