The Archives

Everything written by Alden Abbott on law, economics, and more

Google Antitrust Remedies Could Harm the US Economy and Consumers

Google and the U.S. Justice Department (DOJ) will make their closing arguments tomorrow in the Google Search remedies trial. Judicial adoption of the DOJ’s recommendations to “break up” Google, stemming from this and another DOJ lawsuit, could seriously undermine American innovation and competitiveness and harm, not help, American consumers. Background The DOJ sued Google in ... Google Antitrust Remedies Could Harm the US Economy and Consumers

New US Trade Agreements Could Grow the Economy

The Trump administration earlier this month announced a new trade agreement between the United States and the United Kingdom. This initial pact should be a harbinger of additional “win-win” American trade deals with the UK and other countries. Such agreements, besides reducing tariffs, could emphasize the mutual elimination of anticompetitive market distortions (ACMDs). Eliminating ACMDs ... New US Trade Agreements Could Grow the Economy

Justice Department Introduces ‘America First Antitrust’ Policy

Assistant U.S. Attorney General for Antitrust Gail Slater introduced what she called “America First Antitrust” in her first formal address as the U.S. Justice Department’s (DOJ) chief antitrust enforcer. Her remarks, delivered April 28 at Notre Dame Law School, argued that this policy centers on protecting individual liberty from both government and corporate tyranny. While details ... Justice Department Introduces ‘America First Antitrust’ Policy

Antitrust Applies to Unions as Well as to Employers

The Trump administration has signaled its interest in applying antitrust law to protect workers from harm. Business conduct that distorts competition in labor markets is, indeed, covered by the antitrust laws, and various labor-related antitrust-enforcement initiatives have been undertaken in recent years. In contrast, labor-union collective bargaining to improve wages and conditions of employment is ... Antitrust Applies to Unions as Well as to Employers

Trump Fisheries Order May Be a First Step Toward Global Reforms

The U.S. fisheries sector is the beneficiary of an April 17 executive order from President Donald Trump. The order’s implementation could result in reduced regulatory burdens and a procompetitive, economically efficient expansions of U.S. fisheries output. It might also inspire U.S. consideration of additional efforts to improve global fisheries management. The Fisheries Executive Order Overregulation ... Trump Fisheries Order May Be a First Step Toward Global Reforms

Trump Trade Talks Plus Deregulation Could Spur Faster Economic Growth

Recent headlines about short-term swings in tariffs and stock-market volatility make good journalistic copy, but they ignore a much bigger story. Possible deregulatory improvements and reductions in international trade barriers have the potential to usher in a period of faster economic growth that could benefit all Americans. Two recent initiatives instituted by President Donald Trump ... Trump Trade Talks Plus Deregulation Could Spur Faster Economic Growth

President Trump Takes Aim at Anticompetitive Regulatory Barriers

Anticompetitive regulatory distortions are a major drag on the U.S. economy. President Donald Trump’s April 9 “Executive Order on Reducing Anti-Competitive Regulatory Barriers” has the potential to drive dramatic U.S. economic growth. Implementation of the executive order may be expected to face legal challenges and opposition from special interests who benefit from the status quo. A substantial ... President Trump Takes Aim at Anticompetitive Regulatory Barriers

Steel Mergers, Tariffs, and US Competitiveness

The Trump administration is reported to be taking a second look at the proposed acquisition of U.S. Steel by Japan’s largest steelmaker, Nippon Steel. Approval of this merger, which had been blocked in January by the Biden administration, could help enhance the efficiency and competitive vitality of a major player in the strategically important American ... Steel Mergers, Tariffs, and US Competitiveness

Trump Tariffs in a Broader Policy Context

The possible ramifications of President Donald Trump’s tariffs are drawing headlines. Tariffs are a linchpin in the expansive Trump “America First Trade Policy” that aims to reshape U.S. trade relations. Even more broadly, other Trump administration initiatives—including tax, energy, and regulatory policies—also will have a major impact on American economic performance. The economic case for implementing those ... Trump Tariffs in a Broader Policy Context

DOJ Task Force Takes Aim at Anticompetitive Regulations

A key pillar of the second Trump administration’s economic program is regulatory reform. The U.S. Justice Department’s (DOJ) newly launched Anticompetitive Regulations Task Force is a positive first step toward unraveling harmful anticompetitive federal and state regulations that slow economic growth and harm American families. The task force will, nevertheless, face serious challenges. An administration ... DOJ Task Force Takes Aim at Anticompetitive Regulations

Firing Independent Agency Leaders – Good Law, Sound Policy

President Donald Trump dismissed Alvaro Bedoya and Rebecca Slaughter last month as members of the Federal Trade Commission (FTC), citing his authority under Article II of the U.S. Constitution. The two former commissioners responded that the dismissals were illegal and that they would sue for reinstatement. It is likely that, after all the litigation dust ... Firing Independent Agency Leaders – Good Law, Sound Policy

FTC Should Focus More Heavily on Fraudsters

The Federal Trade Commission’s (FTC) two-fold mission is “[p]rotecting the public from deceptive or unfair business practices [consumer protection] and from unfair methods of competition [antitrust] through law enforcement, advocacy, research, and education.” To maximize its benefits to the American public, the FTC should focus its consumer-protection enforcement on hardcore fraud. In light of resource ... FTC Should Focus More Heavily on Fraudsters