The American Antitrust Institute’s Ruled by Reason podcast explores current topics in progressive antitrust with experts from enforcement, business, and academia. Ruled by Reason guests discuss and debate the benefits of competition for markets, consumers, and workers. We delve into the importance of antitrust enforcement for promoting competition in our markets and democratic values in civil society.
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How the Agri-Stats Case Can Help Shape Treatment of Anticompetitive Information Exchanges: A Discussion Between Emily Bridges of the Food and Agriculture Impact Project and Professor Peter Carstensen
54:30
On this episode of Ruled by Reason, Emily Bridges of the Food and Agriculture Impact Project has a wide-ranging discussion with antitrust scholar Peter Carstensen about the role of information exchange in restricting competition in agricultural markets, focusing on how the DOJ’s case against Agri-Stats addresses that threat. After covering the olig…
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Competition, Fairness, and Regulation in Food & Agriculture: A Conversation with Andy Green, Senior Advisor for Fair and Competitive Markets at the U.S. Department of Agriculture
47:43
In this episode of Ruled by Reason, AAI President Randy Stutz sits down with Andy Green, the Senior Advisor for Fair and Competitive Markets at the U.S. Department of Agriculture. The two discuss how Green found his way to the USDA after beginning his career as a corporate securities lawyer and developing policy expertise in the financial sector (2…
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How Exactly Does Common Ownership Harm Competition? A Conversation with Florian Ederer, Jerry S. Cohen Award Winner for Antitrust Scholarship
33:03
In this episode of Ruled by Reason, guest host Leslie Marx, the Robert A. Bandeen Distinguished Professor of Economics at Duke University’s Fuqua School of Business, sits down with Professor Florian Ederer to discuss his award-winning article, Common Ownership, Competition, and Top Management Incentives, 131 J. Pol. Econ 1294 (2023). Professor Eder…
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In this episode of Ruled by Reason, AAI goes international! Enforcers from the U.S., New Zealand, UK and Chile talk with Kathleen Bradish, Vice President and Director of Legal Advocacy, about their agencies’ cross-border work to stop price-fixing cartels. Leah McCoy, Juan Correa, Louise Baner, and Grant Chamberlain, whose agencies are heading up th…
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Default Status/De Facto Exclusion: What does a Rival Search Company Have to Say About the Google Case?
52:26
On this episode of Ruled by Reason, we explore the ramifications of the Google search case from a unique perspective—the rival search engines that have been directly affected by Google’s alleged monopolistic conduct. As the antitrust world eagerly awaits a decision this spring, AAI’s Kathleen Bradish interviews DuckDuckGo's Kamyl Bazbaz, VP of Comm…
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Praise and Constructive Criticism: The Pro-Enforcement Community Weighs in on the Draft Merger Guidelines
41:47
On this episode of Ruled by Reason, AAI’s Kathleen Bradish talks with Open Market’s Sandeep Vaheesan and the American Economic Liberties Project’s Erik Peinert about the pro-enforcement community’s views on the draft Merger Guidelines recently released by the FTC and DOJ. This is a wide-ranging and in-depth discussion about how the proposed changes…
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How Should Antitrust Tackle Antitrust’s “Duty to Deal” in the Tech Sector? A Conversation With Erik Hovenkamp, 2023 Jerry S. Cohen Award Winner for Antitrust Scholarship
36:18
In this episode of Ruled by Reason, guest host Roger Noll, Professor of Economics, Emeritus, at Stanford University and AAI Advisor sits down with Erik Hovenkamp to chat about his award-winning article The Antitrust Duty to Deal in the Age of Big Tech” (131 Yale L.J. 1483 (2022)). Professor Hovenkamp is Assistant Professor at the USC Gould School o…
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Unpacking the 2023 Revised Merger Guidelines: A Conversation With the U.S. Department of Justice
48:15
On this episode of Ruled by Reason, AAI President, Diana Moss, and AAI Vice President for Legal Advocacy, Kathleen Bradish talk with leadership at the U.S. Department of Justice, Antitrust Division about the newly released merger guidelines. Moss and Bradish are joined by Susan Athey, Chief Economist for the Antitrust Division and Michael Kades, De…
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On this episode of Ruled by Reason, AAI President, Diana Moss, and AAI Vice President for Legal Advocacy, Kathleen Bradish talk about competition and cloud technology markets. AAI recently issued the report: The Cloud Technology Market: Storm of Innovation or Rainy Days for Competition? Moss and Bradish unpack AAI’s analysis of a vitally important …
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How Do We Fix the Competition Problem in Shipping? The Role for Private Actions under the Shipping Act
47:04
On this episode of Ruled by Reason, AAI Vice President for Legal Advocacy Kathleen Bradish hosts J. Wyatt Fore and David Golden of Constantine Canon to discuss their work in private antitrust enforcement under the Shipping Act. They explain how consolidation in the shipping industry has led to a serious competition problem, one that came into full …
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On this episode of Ruled by Reason, AAI President Diana Moss hosts two leading healthcare competition experts. Laura Alexander is Director of Markets and Competition Policy at the Washington Center for Equitable Growth and Brent Fulton is Associate Research Professor of Health Economics and Policy at the University of California at Berkeley and Ass…
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On this episode of Ruled by Reason, AAI President Diana Moss hosts David Smith, CEO of Associated Wholesale Grocers, and Chris Jones, SVP of Government Relations and Counsel for the National Grocers Association. They take up a front-line issue: consolidation in the retail grocery supply chain and the threat it poses to smaller independent grocers. …
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In this podcast episode, AAI President Diana Moss sits down with two airline pilots, Kelly Ison and Eric McEldowney, to talk about the effect of airline consolidation on labor workforces. There have been almost 20 airline mergers involving U.S. carriers in the last two decades, six of which have involved mergers of major legacy and low-cost carrier…
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Taking Stock of Merger Enforcement Under the Biden Agencies: A Conversation With Steven Salop
48:25
In this podcast episode, AAI President Diana Moss and Steven Salop, Professor Emeritus at Georgetown Law, take stock of the Biden antitrust agencies’ merger enforcement record. The antitrust chiefs at the Federal Trade Commission and U.S. Department of Justice Antitrust Division were chosen specifically for their commitment to invigorating antitrus…
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Antitrust Reform from Within the Federal Antitrust Agencies: Navigating Institutional Dynamics in Implementing Policy Shifts
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In this podcast episode, AAI’s former Vice President of Legal Advocacy Randy Stutz talks with Howard Law Professor Andy Gavil and George Washington Law Professor Bill Kovacic about institutional dynamics that can affect efforts to shift policy and initiate reform from within the federal antitrust agencies. The three discuss lessons from previous ef…
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Antitrust and “Agnosticism”: How Enforcers Think About Cases in Markets With Outsize Impact on Society, Human Health, and Vulnerable Groups
41:55
On this 25th podcast episode, AAI President Diana Moss and enforcement experts, Stephen Calkins and Benjamin Elga, unpack antitrust enforcement in markets that raise issues around social well-being, human health, and vulnerable consumers and workers. Antitrust is designed to deter and remediate harmful, anticompetitive mergers and conduct while rem…
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In this episode, former AAI Vice President of Policy Laura Alexander discusses the concept of countervailing power and the controversial role in plays in antitrust and competition law with NYU Associate Professor Daniel Francis, one of the leading voices on this subject. The idea that otherwise unlawful cartels, mergers, and collaborations should b…
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Toxic Cocktail or Essential Device for Protecting Competition: Recent Developments in the Empirical Study of Antitrust Class Actions
43:39
In this podcast episode, AAI Vice President of Legal Advocacy Randy Stutz talks with two experts who have led pioneering empirical research into antitrust class actions, Rose Kohles and Josh Davis. Stutz talks with Kohles and Davis about the Huntington Bank and UC Hastings “2021 Antitrust Annual Report: Class Action Filings in Federal Court,” and h…
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From Medical Licensing to Health Insurance: Major Policy Issues That Will Shape the Future of Telehealth
43:45
In this podcast, AAI President Diana Moss talks with two experts about Telehealth and the many issues that it raises for the healthcare system, providers, and patients. These include policy questions around medical licensing, impact and equity, and competition. Telehealth is the distribution of health-related services and information via electronic…
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The High Costs of Growing Corn: How Growers are Squeezed by High Input Prices That Are Set by the Fertilizer Oligopoly
42:07
In this podcast, AAI President Diana Moss talks with two experts in the agriculture sector about corn, a leading U.S. crop. Many farmers bow face serious margin “squeezes.” They pay higher and higher prices to oligopolies and cartels for inputs that are necessary to grow their commodities. But growers then sell into markets where commodity prices a…
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Litigation Funding Is Changing the Contours of Antitrust Class Actions in the U.S. and Abroad
1:05:41
In this episode, AAI Vice President of Policy Laura Alexander discusses third-party litigation funding and its impact on private antitrust class actions with two experts in the field, one of the country’s foremost litigators of antitrust class actions and a representative from a leading litigation funder with deep experience in antitrust. Antitrust…
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In this episode Diana Moss sits down with Carl Shapiro, Distinguished Professor of the Graduate School at the University of California at Berkeley, to unpack the debate over the role of antitrust and how to invigorate enforcement of the antitrust laws in the United States. In framing the dialog over where antitrust should go, they create a multi-fa…
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In this episode, AAI Vice President of Competition Laura Alexander and Gwendolyn Cooley, Wisconsin’s Assistant Attorney General for Antitrust and Chair of the Multistate Antitrust Task Force for the National Association of Attorneys General discuss the state of state antitrust enforcement. The conversation covers “antitrust federalism” and the curr…
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How Should Antitrust Tackle Acquisitions of Nascent Competitors? A Conversation With 2020 Jerry S. Cohen Award Winner for Antitrust Scholarship, Scott Hemphill
41:18
In this episode, Diana Moss sits down with Scott Hemphill, the Moses H. Grossman Professor of Law at the New York University School of Law, to chat about his award-winning article: Nascent Competitors (Vol. 168 (No. 7), Penn. L. Review, 2020). Hemphill co-authored the article with Timothy Wu, currently serving as Special Assistant to President Bide…
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Competition in Freight Rail: Unpacking Consolidation, Concentration, and Remedies in a Critical Part of the U.S. Transportation System
55:25
In this episode, AAI President Diana Moss sits down with two experts to discuss the state of play in competition in freight rail. Freight rail is a vital part of the U.S. transportation system. It is the second largest mode of transportation in the U.S. and industry sources estimate that freight rail shipments will increase 30% by 2040. Railroads, …
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Efficiencies in Horizontal Mergers: 2020 Jerry S. Cohen Award Winners for Antitrust Scholarship, Nancy Rose and Jonathan Sallet, Unpack the Debate in Merger Enforcement with Guest Host Roger Noll
1:01:59
In this episode, Roger Noll, AAI Senior Fellow and Professor Emeritus at Stanford University, talks with winners of the 2020 Jerry S. Cohen award for antitrust scholarship. Nancy Rose and Jonathan Sallet unpack key aspects of efficiencies in horizontal mergers in their article The Dichotomous Treatment of Efficiencies in Horizontal Mergers, Too Muc…
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A Conversation with Prof. Herb Hovenkamp: Competition, Consumer Welfare, and the Future of Antitrust Law
59:04
In this episode, AAI Vice President of Legal Advocacy Randy Stutz sits down with Professor Herb Hovenkamp for a wide ranging conversation about current debates over first principles of antitrust law. When the Supreme Court says, “the antitrust laws protect competition,” what exactly is it saying they protect? While there seems to be confusion in th…
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A Conversation with Competition Experts William Baer and Frederic Jenny: Enforcement and Policy Issues in the International Arena
49:52
In this episode, two the world’s leading competition experts, William Baer and Frederic Jenny, have a one-on-one conversation about key issues in the international competition arena that should be front and center on the enforcement and policy radar screens. The exchange took place at AAI’s 22nd annual policy conference in June 2021. AAI is delight…
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Private Equity and Competition: How Private Equity Drives Consolidation and Undermines Market Stability while Flying Under the Antitrust Enforcement Radar
1:03:11
In this episode, AAI Vice President of Policy Laura Alexander and Patrick Woodall, Senior Researcher at Americans for Financial Reform, discuss the impact of private equity investment on competition, consumers, and communities. This discussion was inspired by a recent report on private equity from AAI and the Petris Center, Soaring Private Equity I…
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What’s the Beef? How the Beef Packing Cartel Hurts Producers and Consumers and How Independent Cattle Producers and Processors Can Help Restore Competition and Choice
48:00
In this podcast, AAI President Diana Moss sits down with two leaders in the independent sector to discuss the fallout from decades of massive consolidation and rising concentration in beef packing. Her guests, Mike Callicrate and Patrick Robinette, run innovative, independent business operations in two different parts of the US. They discuss the st…
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Market Power and Digital Business Ecosystems: A Discussion of the Impact of Economic and Business Complexity on Competition Analysis and Remedies
43:18
In this podcast, AAI President Diana Moss sits down with her two co-authors of the report "Market Power and Digital Business Ecosystems: Assessing the Impact of Economic and Business Complexity on Competition Analysis and Remedies.” Moss, Greg Gundlach, and Riley Krotz discuss competition issues raised by the large digital business ecosystems (DBEs…
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As part of its work to preserve the effectiveness of antitrust class actions as a central component of ensuring the vitality of private antitrust enforcement, the American Antitrust Institute issues periodic updates on developments in the courts and elsewhere that may affect this important device for protecting competition, consumers and workers. A…
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Antitrust Litigation in the Age of Big Data: How New Technology is Harnessed to Enforce the Antitrust Laws and Return Money to Victims
1:07:04
In this podcast, AAI Vice President of Policy Laura Alexander sits down with two leaders in private enforcement who are driving the use of data and technology to win antitrust cases and get money back into the hands of consumers and other victims. Adam Zapala, a partner at Cotchett, Pitre & McCarthy, LLP, and Eric Schachter, a Vice President at A.B…
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Antitrust and Diversity in the Plaintiffs’ Bar: A Conversation With Two Leading Private Enforcers
54:01
In this podcast, AAI President Diana Moss sits down with leading private antitrust enforcers, Roberta D. Liebenberg and Heidi M. Silton. Liebenberg and Silton weave together their deep insights and experience to discuss key aspects of the importance and role of women and diverse attorneys in antitrust, and in the plaintiff’s bar, in particular. Mos…
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A Conversation on the Effects of Global Cartel Leniency Programs: Featuring Jerry S. Cohen Award for Antitrust Scholarship Winner Alminas Žaldokas, with Daniel Small and Jack Kirkwood
33:38
In this Ruled by Reason podcast, a winner of the 18th annual Jerry S. Cohen Award for Antitrust Scholarship, Alminas Žaldokas, discusses his article. The conversation is about “The Effects of Global Leniency Programs on Margins and Mergers” (50 Rand J. of Econ. 883 (2019)) and also features AAI Advisor Daniel Small of Cohen Milstein Sellers & Toll …
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In this podcast, AAI President Diana Moss sits down with Senator Amy Klobuchar, who has represented the state of Minnesota since 2007. Senator Klobuchar serves on numerous Senate committees, including the Judiciary, where she is the Ranking Member of the Subcommittee on Antitrust, Competition Policy and Consumer Rights. Their conversation focuses o…
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As part of its work to preserve the effectiveness of antitrust class actions as a central component of ensuring the vitality of private antitrust enforcement, the American Antitrust Institute issues a periodic update on developments in the courts and elsewhere that may affect this important device for protecting competition, consumers and workers. …
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continue reading
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The State of Private Antitrust Enforcement - Confronting Waning Federal Enforcement and Rising Standards
54:01
With federal enforcement of the antitrust laws decreasing, state and private enforcers face increasing pressure to fill the gap. But, private antitrust enforcement faces its own considerable and growing challenges - from arbitration provisions, to heightened class certification standards, to court decisions upending well-accepted antitrust doctrine…
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As the Trump antitrust agencies grapple with institutional and resource constraints, and private plaintiffs face mounting hurdles to class and individual actions, the 50 state attorneys general have become critically important antitrust enforcers in the United States. Randy Stutz, AAI Vice President of Legal Advocacy, speaks with Phil Weiser, the A…
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The State of Federal Antitrust Enforcement: Facing a Crossroads in the Courts, Agencies, and Congress
40:49
Competition enforcement in the U.S. and abroad are in the spotlight, as concerns over rising concentration and declining competition move onto the radar screens of consumers and workers. These issues are at the center of legislative reform proposals, a rise in state enforcement activity, and will undoubtedly make their way into the November 2020 pr…
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