22 episodes

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.

Ruled by Reason American Antitrust Institute

    • Business
    • 4.8 • 5 Ratings

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.

    From Medical Licensing to Health Insurance: Major Policy Issues That Will Shape the Future of Telehealth

    From Medical Licensing to Health Insurance: Major Policy Issues That Will Shape the Future of Telehealth

    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 and telecommunication technology. As a distinct modality, It allows for long-distance patient and clinician contact and the many elements, from patient care to remote admissions. The impact of the COVID-19 pandemic on Telehealth has been notable and health systems, payers, employers, and new entrants have worked to expand Telehealth services. AAI’s guests on this episode of Ruled by Reason will discuss the many questions surrounding Telehealth today. For example, how will health systems deliver complex healthcare services via Telehealth? Which population segments and practice areas are likely to drive future utilization? How will medical licensing policies affect Telehealth moving forward? And how does competition in the healthcare supply chain, especially in health insurance, impact the provision of Telehealth services? 

    • 43 min
    The High Costs of Growing Corn: How Growers are Squeezed by High Input Prices That Are Set by the Fertilizer Oligopoly

    The High Costs of Growing Corn: How Growers are Squeezed by High Input Prices That Are Set by the Fertilizer Oligopoly

    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 are often controlled by only a few firms, such as in proteins, or are subject to the significant vagaries of price fluctuations. This episode of Ruled by Reason will focus on how corn growers are paying high input costs, especially for fertilizer. Economic studies, including a recent one authored by a guest on this podcast, reveal serious concerns about high fertilizer prices. These prices have been set for years by a small group of global fertilizer producers that likely coordinate, rather than compete. Anticompetitive fertilizer prices hurt corn growers and consumers, and imperil the stability and integrity of a vital agricultural supply chain.

    • 42 min
    Litigation Funding Is Changing the Contours of Antitrust Class Actions in the U.S. and Abroad

    Litigation Funding Is Changing the Contours of Antitrust Class Actions in the U.S. and Abroad

    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 class actions are expensive to bring and prosecute.  Historically, plaintiffs’ lawyers have used their own assets and traditional bank loans to finance them, in a high-risk/high-reward business model.  In the last decade, however, an alternative funding model has emerged: litigation funding firms have begun financing plaintiff-side antitrust litigation for profit using non-recourse debt, shifting risk and reward from the lawyers to the funders and, in the process, changing the landscape of private antitrust litigation and class actions.  The conversation starts with a primer on litigation funding, and goes on to discuss how funding decisions factor into leadership and settlement dynamics, how litigation funding impacts which cases are brought and who brings them, and how monetization of claims is changing incentives for opt outs and what that might portend for class actions.  Finally, the episode concludes with an analysis of the different role that litigation funding plays in collective actions abroad, and what lessons we might draw from foreign jurisdictions for funding class actions in the U.S.

    • 1 hr 5 min
    Invigorating Antitrust Enforcement: A Conversation With Carl Shapiro

    Invigorating Antitrust Enforcement: A Conversation With Carl Shapiro

    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-faceted conversation that reveals why competition is a broader and important public policy issue problem for a market-based economy and democratic society. Major themes include the controversy over indicators of declining competition, recent changes to the antitrust ideological spectrum, proposed legislative reforms to the antitrust laws, revisions to the Horizontal Merger Guidelines, and the challenges that face the Biden antitrust chiefs at the U.S. Department of Justice Antitrust Division and Federal Trade Commission. These threshold questions have critical implications for the effectiveness of antitrust enforcement moving forward in promoting competition and for protecting consumers and workers.

    • 49 min
    The State of State Antitrust Enforcement Amid a Federal Enforcement Surge

    The State of State Antitrust Enforcement Amid a Federal Enforcement Surge

    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 current relationship between state and federal antitrust enforcers, unique hurdles faced by state antitrust enforcers, the special expertise state enforcers bring to antitrust enforcement, and the priorities of states in enforcing state and federal antitrust laws.  State antitrust enforcers have been leading the charge on everything from non-compete clauses to privacy, and with a reinvigoration of antitrust enforcement at the federal level, new avenues for cooperation and coordination are opening up for states to take on an even bigger role.

    • 38 min
    How Should Antitrust Tackle Acquisitions of Nascent Competitors? A Conversation With 2020 Jerry S. Cohen Award Winner for Antitrust Scholarship, Scott Hemphill

    How Should Antitrust Tackle Acquisitions of Nascent Competitors? A Conversation With 2020 Jerry S. Cohen Award Winner for Antitrust Scholarship, Scott Hemphill

    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 Biden for Technology and Competition Policy at the National Economic Council. The article highlights major issues and debate around how antitrust enforcers and the courts go about evaluating acquisitions of nascent competitors that could violate Section 7 of the Clayton Act. Nascent competitors are firms whose prospective innovation is a “threat” to firms in a market. This threat is neutralized if a nascent rival is acquired, sometimes with serious implications for competition and consumers. Attention to acquisitions of nascent competitors has exploded across a number of sectors, including digital technology, fintech, healthcare, digital farming, and others. For business models that are driven by “growth by acquisition,” revisiting antitrust enforcement and competition policy around nascent rivals is particularly timely and important.
     
    Antitrust scholarship that is considered and selected for the Jerry S. Cohen award reflects a concern for principles of economic justice, the dispersal of economic power, the maintenance of effective limitations upon economic power or the federal statutes designed to protect society from various forms of anticompetitive activity. Scholarship reflects an awareness of the human and social impacts of economic institutions upon individuals, small businesses and other institutions necessary to the maintenance of a just and humane society–values and concerns Jerry S. Cohen dedicated his life and work to fostering.

    • 41 min

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