The Archives

Everything written by Satya Marar on law, economics, and more

Don’t Put the Government on the Cap Table

When Washington offers to “share the upside,” check the fine print. With artificial intelligence, the proposed bargain is not just that taxpayers might get a slice of the next great American industry. It is that the federal government would become part owner of the companies that increasingly shape what Americans ask, read, write, and believe. ... Don’t Put the Government on the Cap Table

Bad Medicine: Why Breaking Up Big Health Care Could Make It Worse

Washington has found its latest villain: “Big Medicine.” The proposed fix? Break it up and hope the pieces behave better than the whole. Americans have real reasons to be frustrated about high health care costs, and large conglomerates rank somewhere between unpopular and reviled—roughly where Microsoft’s “Clippy” sat in the 1990s. So it’s no surprise ... Bad Medicine: Why Breaking Up Big Health Care Could Make It Worse

A Cure Worse Than the Scroll

The App Store Accountability Act (ASAA) promises to protect children online—but it would do so by imposing sweeping mandates on everyone else. Panic over doomscrolling, brainrot, gambling, pornography, online predators, and minors’ interactions with AI chatbots has fueled a familiar policy response: calls to age-gate the internet, social media, and apps. The ASAA fits squarely ... A Cure Worse Than the Scroll

Guardrails, Not Roadblocks: Improving the AI Framework

Washington has a choice: let AI policy fragment into 50 competing regimes, or set a clear federal baseline that keeps innovation moving. The Trump administration’s new artificial intelligence (AI) legislative framework stakes out the latter path—but leaves important gaps. The framework sketches broad principles to guide federal policymaking on a technology at risk of a ... Guardrails, Not Roadblocks: Improving the AI Framework

The FTC, Express Scripts, and the High Cost of Lower Copays

Nearly 17 months after the Federal Trade Commission filed suit against the nation’s three largest pharmacy benefit managers (PBMs), the agency has reached a settlement with one of them: Express Scripts. The complaint alleged that PBMs harmed competition and patients by inflating insulin prices. PBMs negotiate drug prices with pharmaceutical manufacturers and pharmacies on behalf ... The FTC, Express Scripts, and the High Cost of Lower Copays

Brightline Rules and Case-by-Case Courts: The DMA and Epic v Apple

Brightline rules promise clarity. The early enforcement record suggests something closer to friction. Part I of this two-part series examined how mobile app-store anti-steering policies—rules that restrict developers from directing users to alternative offers or payment portals outside the app store—affect competition, consumers, and innovation. It also compared those policies with the restrictions upheld in ... Brightline Rules and Case-by-Case Courts: The DMA and Epic v Apple

The Blind Spots of Brightline Rules: The DMA and Anti-Steering

Two years ago, the European Union’s flagship Digital Markets Act (DMA) took effect. The DMA promised to make platform markets “fairer and more contestable” for the businesses that rely on them to reach consumers by imposing a set of brightline mandates on designated gatekeepers. In the United States, advocates of DMA-style competition rulemaking include former ... The Blind Spots of Brightline Rules: The DMA and Anti-Steering

The Many Tradeoffs of Trump’s ‘Fat Shot’ Deal

Earlier this month, President Donald Trump announced deals with drugmakers to reduce prices and expand access to GLP-1 weight-loss drugs like Ozempic, Zepbound, and Wegovy. Originally developed to help diabetics manage their blood sugar, the drugs mimic the natural hormone glucagone-like-peptide-1 (GLP-1). GLP-1s trigger the pancreas to release insulin at times of high blood-sugar levels, ... The Many Tradeoffs of Trump’s ‘Fat Shot’ Deal

Foreign Trade Barriers Threaten American Space Dominance

A recently issued White House executive order aims to boost competition and innovation in America’s commercial space industry by cutting state and federal red tape, and by streamlining the permitting and licensure process for launching and receiving spacecraft. Across the pond in the European Union (EU), however, new legislation that unduly singles out U.S. companies ... Foreign Trade Barriers Threaten American Space Dominance

How Fixing Immigration Can Improve Competition and Create Opportunities for the US AI Workforce

The White House’s recently released AI Action Plan aims to secure U.S. dominance in artificial intelligence by abolishing red tape and fostering innovation, AI adoption, infrastructure building, and domestic chip manufacturing. To equip and develop the future AI workforce, it pledges public investments in research labs, manufacturing, and technical training programs, as well as tax incentives for businesses ... How Fixing Immigration Can Improve Competition and Create Opportunities for the US AI Workforce

OECD Cloud-Computing Competition Study Offers Solutions in Search of a Problem

A recent Organization for Economic Co-operation and Development (OECD) policy paper on competition in cloud computing frames the sector as fragile, with an imminent threat of anticompetitive behavior. As the paper notes, 70-80% of the global cloud share is controlled by Microsoft, AWS (Amazon Web Services), and Google. This paints the picture of a concentrated ... OECD Cloud-Computing Competition Study Offers Solutions in Search of a Problem

The FTC Case Against PBM Rebates

About a month ago, the Wall Street Journal reported that the Federal Trade Commission (FTC) was preparing an antitrust suit against the nation’s three largest pharmaceutical benefit managers (PBMs), the intermediaries who negotiate drug prices on behalf of insurers and who manage benefits for nearly nine in 10 insured Americans.  This development followed a two-year ... The FTC Case Against PBM Rebates