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JUL 30, 2021

Weekend reading: Antitrust enforcement and the FTC’s authority edition

Weekend reading: Why stable schedules matter edition

Abstract

This is a post we publish each Friday with links to articles that touch on economic inequality and growth. The first section is a round-up of what Equitable Growth published this week and the second is relevant and interesting articles we’re highlighting from elsewhere. We won’t be the first to share these articles, but we hope by taking a look back at the whole week, we can put them in context.

Equitable Growth round-up

In April, the Supreme Court in AMG Capital Management LLC v. Federal Trade Commission (opens in a new tab) unanimously struck down the Federal Trade Commission’s authority to require companies to give up profits they earn by violating U.S. antitrust laws and to require companies to compensate the victims of those violations. These two remedies—disgorgement and restitution, respectively—are the focus of two new Competitive Edge (opens in a new tab) posts.

  • In one, Michael Kades takes a glass-half-empty view of the Court’s decision, arguing that it deprives the FTC of a critical deterrent of anticompetitive conduct. Kades explains how disgorgement has been used, albeit sparingly, in cases brought against pharmaceutical companies and successfully prevented certain anticompetitive conduct across the industry. It also tends to speed up the litigation process, which saves costs and resources for the Federal Trade Commission. As such, Kades writes, the Supreme Court’s ruling benefits big companies that cause the most harm and will have a troubling impact on antitrust enforcement, unless Congress takes action to reestablish the FTC authority.
  • Conversely, Andrew I. Gavil takes a glass-half-full approach, arguing that the Supreme Court’s ruling may end up opening the door to broader applications of the U.S. antitrust laws. Gavil highlights the textualist nature of the Court’s decision and how it could be applied to the antitrust laws, particularly the Clayton Antitrust Act of 1914. He gives a brief background on the Clayton Act and its relationship to the Sherman Antitrust Act of 1890, before turning to an analysis of the law and its reach through a textualist lens.

Each month, Equitable Growth highlights scholars working to understand how inequality affects economic growth in a series called Expert Focus (opens in a new tab). This month, Adrian Narayan and David Mitchell look at a group of academic researchers who joined the Biden administration to advance evidence-backed policy ideas to combat inequality and ensure strong, stable growth for all Americans. Narayan and Mitchell emphasize not only that Equitable Growth staff joined various agencies in the executive branch, but also how many academic network members, contributors, and speakers from previous Equitable Growth events decided to being their diverse experience and expertise to the administration.

The National Bureau of Economic Research is now more than halfway through its summer institute, an annual 3-week conference featuring discussions and paper presentations on specific subfields of economics, including wealth taxation and tax evasion, market structure and competition, and labor market inequalities. Equitable Growth compiled a list of paper abstracts that caught our attention throughout the second week, including research from our grantee network (opens in a new tab) and members of our Steering Committee and Research Advisory Board (opens in a new tab). For highlights from the first week of the NBER Summer Institute 2021, click here. For coverage of the third and final week, be sure to check back on Monday, August 2.

Check out Brad DeLong’s most recent installment (opens in a new tab) of Worthy Reads, where he provides summaries and analysis (opens in a new tab) of must-read content from Equitable Growth and elsewhere.

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