Second Request

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Exploring Solutions to Monopoly Problems Following forty years of laissez-faire antitrust enforcement and industry consolidation, the White House is considering a fundamental rethink of how to interpret, enforce, and rewrite antitrust law, and many questions remain unanswered for the antitrust community.  On the heels of federal and state litigation against Google and Facebook, is Amazon next? Will the new administration put big agriculture, big banks, and big pharma in its crosshairs? Will the courts stop antitrust enforcers in their tracks? Will the Biden administration get cold feet? Second Request provides in-depth discussions with antitrust experts about the answers to these questions and about proposed solutions to the biggest monopoly problems of our time. Backed by the investigative resources and intellectual rigor of The Capitol Forum, Executive Editor and host Teddy Downey examines the effects of the current concentrations of market power across a vast array of industry verticals as he and his guests analyze the potential responses from the federal government. Offering thoughtful conversations with analysts and decision makers, Second Request provides everyone from C-Suite executives to policymakers, and all those in-between, strategic antitrust insights at the intersection of law, policy, and markets.

The Capitol Forum


    • May 23, 2025 LATEST EPISODE
    • every other week NEW EPISODES
    • 47m AVG DURATION
    • 84 EPISODES


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    Latest episodes from Second Request

    The Hidden Monopoly: How Healthcare Platforms Threaten Competition

    Play Episode Listen Later May 23, 2025 57:40


    Jonathan Kanter (former DOJ Antitrust) and Martin Gaynor (Carnegie Mellon Professor and former FTC official) join The Capitol Forum to discuss their groundbreaking paper, The Rise of Healthcare Platforms. They explain how companies like UnitedHealth have evolved into sprawling conglomerates—combining insurer, provider, pharmacy, and PBM functions—and why this consolidation threatens both market competition and patient care.

    Hannah Garden-Monheit, Max Berengaut and Jonathan Kanter on Price Fixing, Algorithms, Antitrust, and Rising Prices

    Play Episode Listen Later Mar 29, 2025 71:24


    In this podcast episode, experts Hannah Garden-Monheit, formerly at the FTC, Jonathan Kanter, and Max Barangau from The Capitol Forum dissect the complexities of antitrust policy, price fixing, and their impact on inflation. Garden-Monheit reflects on her journey from DOJ trial attorney to the FTC and White House NEC, highlighting challenges in revitalizing antitrust enforcement amid corporate skepticism. The panel scrutinizes controversial price-fixing cases, including algorithm-driven collusion in housing markets and egg pricing schemes, and explores how data-driven monopolization amplifies economic power. A compelling analysis for anyone interested in the crossroads of policy, economics, and technology.

    Rebecca Slaughter, Katherine Tai and Jonathan Kanter on Getting Fired, Trade, and the Rule of Law

    Play Episode Listen Later Mar 26, 2025 55:28


    In this special episode, former FTC Commissioner Rebecca Slaughter and former U.S. Trade Representative Katherine Tai talk to Teddy and former Assistant Attorney General Jonathan Kanter to discuss the recent upheaval at the FTC and its implications for market stability, antitrust enforcement, and the rule of law. Slaughter describes being abruptly fired from her FTC position, highlighting that this dismissal violates legal protections that prohibit FTC commissioners' removal without cause. She emphasizes that this unprecedented action introduces significant legal uncertainty, potentially undermining ongoing critical FTC cases, such as the lawsuit against pharmaceutical benefit managers accused of inflating insulin prices, and cases involving major corporations like Amazon. This instability challenges market predictability and may affect the enforcement of antitrust laws, consumer protection, and market fairness.Ambassador Tai reflects on the global perception of U.S. trade policy, particularly during the Trump administration, and stresses the importance of consistent policies for international trust and stability. Tai explains the complexity surrounding tariffs, underscoring the risks associated with unpredictability and disruptions in trade relationships with key partners like the EU, Canada, and Mexico. She points out that inconsistent U.S. actions erode its reputation as a reliable trading partner, thus pushing other nations to depend more heavily on China or each other.Both express concern over current policy chaos in Washington, implications for the rule of law, and democratic stability. They highlight that market actors like Wall Street typically prefer predictability and clear rules, now compromised by this governmental instability. We end with worries that politically driven decisions—such as Slaughter's firing—provide advantages to large corporations, including Big Tech, undermining fair competition and accountability.

    Jonathan Kanter & Rethinking Antitrust for the Modern Economy

    Play Episode Listen Later Mar 10, 2025 76:21


    I talk to Jonathan Kanter who served as the Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice from 2021 to 2024.Kanter discusses his experiences at the FTC and DOJ, emphasizing the need for rigorous antitrust enforcement, especially as modern markets have evolved and become dominated by Big Tech. He highlights the importance of confronting monopolies to protect economic fairness, innovation, democracy, and freedom, and explains how he prioritized impactful cases against major corporations like Google, Apple, Ticketmaster, and others. Reflecting on his tenure, he stresses adapting antitrust laws to current market realities, warns about the dangers of economic concentration, and expresses the need for support for robust antitrust enforcement to maintain healthy competition and democracy.

    UnitedHealth Group's Vertical Consolidation with Hayden Rooke-Ley

    Play Episode Listen Later Mar 10, 2025 55:51


    Hayden Rooke-Ley is a Health Law and Policy Fellow at the Brown University School of Public Health and a Senior Fellow at the American Economic Liberties Project. In this episode of Second Request, Hayden discusses vertical consolidation in health care markets, UnitedHealth Group's outsized lead in this trend with Medicare Advantage, and the capitated payment model undergirding this shift.

    Investor-Owned Utilities' Excess Rates of Return with Mark Ellis

    Play Episode Listen Later Mar 10, 2025 60:05


    Mark Ellis, an American Economic Liberties Project Senior Fellow, discusses his recent paper “Rate of Return Equals Cost of Capital.” In this episode of Second Request, he examines how and why investor-owned utility profit models diverted from their initial design, as well as how much excess returns cost American households.

    Outlook for Congressional Competition Policy and Antitrust Enforcement During the Trump Administration with Slade Bond

    Play Episode Listen Later Mar 10, 2025 53:30


    Slade Bond, Chair of Cuneo, Gilbert and LaDuca's Public Policy and Legislative Affairs practice, discusses the evolving landscape of tech policy, discussing the legislative battles, political dynamics, and behind-the-scenes efforts shaping the future of regulation. Slade shares his insights on navigating Congress, the challenges of bipartisan cooperation, the influence of industry lobbying, and what it takes to push meaningful reforms forward.

    Fair and Competitive Markets at the U.S. Department of Agriculture with Andy Green

    Play Episode Listen Later Feb 4, 2025 50:19


    In this episode, former USDA Senior Advisor for Fair and Competitive Markets Andy Green discusses the Biden administration's efforts to improve fairness in food markets and what the future may hold for the agency. Green reflects on key USDA rule-makings over the past few years, their impact on agriculture markets—particularly in seeds and poultry—and changes in enforcing the Packers and Stockyards Act. Green provides valuable insights into the agency's progress and the steps he believes are necessary to strengthen competition in the food industry.

    2025 Congressional Antitrust Outlook with Seth Bloom

    Play Episode Listen Later Feb 4, 2025 60:10


    In this episode, Seth Bloom, President of Bloom Strategic Counsel and former General Counsel of the U.S. Senate Antitrust Subcommittee, discusses the congressional outlook on antitrust in 2025. With shifts in antitrust subcommittee leadership this term, he explores what these changes mean for competition policy, the legislative possibilities ahead, and what to expect from Republican-led antitrust efforts. Bloom offers key insights into how Congress may approach antitrust enforcement and reform in the coming year.

    Vestager Pushes Back Against Calls to Ease EU Merger Rules

    Play Episode Listen Later Feb 3, 2025 56:36


    In this special edition of Second Request, an exclusive interview with Margrethe Vestager, the former EU Antitrust Chief addressed concerns about a potential shift in U.S.- EU relations with the election of President Donald Trump.The interview is the first of a regular podcast hosted by Capitol Forum's new Europe Executive Editor Javier Espinoza that will include some of the biggest names in European policy. Mr. Espinoza, a leading voice in Brussels regulatory coverage, recently joined Capitol Forum after nearly a decade at the Financial Times.

    Importance of the DOJ Live Nation Suit to Independent Venues with Stephen Parker

    Play Episode Listen Later Jan 30, 2025 59:02


    In this episode, The Capitol Forum welcomes National Independent Venue Association Executive Director Stephen Parker to explore how the DOJ's Sherman Act Section 2 suit against Live Nation Ticketmaster could reshape the live entertainment industry. Parker discusses the current state of the primary ticketing market, the potential impact of structural changes on venues and promoters, and what ideal remedies could look like if Live Nation is found guilty.

    Mark Wetjen on Crypto Legislation in the Trump Administration

    Play Episode Listen Later Jan 2, 2025 61:39


    This conversation on the future of crypto regulation under Trump's administration in 2025 reveals how proposed legislation could fundamentally reshape digital assets. Mark Wetjen, Partner at Dentons in their Federal Regulatory and Compliance Practice, looks at how the digital asset landscape may change, with particular focus on the roles of key regulators including the SEC, CFTC, and banking authorities. Wetjen also offers insights into how regulatory frameworks might impact competition among crypto exchanges and traditional financial institutions.

    Ambassador Katherine Tai on U.S. Trade Policy in the Biden Administration

    Play Episode Listen Later Jan 2, 2025 31:48


    U.S. Trade Representative Katherine Tai talks about the intersection of history, economic policy, and trade in this episode of Second Request. Ambassador Tai reflects on her role in shaping the Biden administration's economic approach, contrasting it with decades of trickle-down economics. She examines the historical roots of trade policy, lessons from FDR's legacy, and the challenges of balancing corporate influence with public interest.

    Talking Big Tech, Antitrust, and Refusals to Deal with Daniel Hanley

    Play Episode Listen Later Nov 15, 2024 69:44


    Daniel Hanley, Senior Legal Analyst at the Open Markets Institute, discusses his recent paper "Illuminating the Anti-Coercion Foundations of Refusals to Deal" and its implications.

    Market Concentration in Food & Agriculture with Sarah Carden and Basel Musharbash

    Play Episode Listen Later Oct 24, 2024 60:17


    Antitrust attorney Basel Musharbash and Farm Action's Sarah Carden discuss a groundbreaking report on corporate control in American agriculture. Commissioned by Farm Action and written by Basel, 'Kings Over the Necessaries of Life' dives into the history of competition policy in agriculture, current market concentration levels, and strategies for restoring competition in this crucial sector.

    The Hidden Costs of Electric Utility Monopoly Power with John Farrell

    Play Episode Listen Later Jul 1, 2024 60:59


    Co-director of the Institute for Local Self-Reliance and director of the Energy Democracy Initiative, John Farrell, discusses his recent report on the 100-year-old business model granting private exclusive power over the public resource of electricity. Learn about the abuses that come from allowing private monopoly power to control electricity, including pollution-linked deaths, price-hiking, power-shutoffs for low-income families and other publicly borne burdens. The discussion also includes recommended structural reforms for restoring competition and equilibrium to the sector.

    The Recent NAR Settlement and the Future of Residential Real Estate

    Play Episode Listen Later Jun 6, 2024 70:09


    On this episode of Second Request, The Capitol Forum's Teddy Downey speaks with CEO of REX, Jack Ryan, and RealClearMarkets Editor John Tamny about the recent settlement involving the National Association of Realtors (NAR) and its implications for the real estate industry and homeowners. Jack and John are the authors of a new book entitled Bringing Adam Smith into the American Home, which challenges the conventional wisdom surrounding homeownership and offers a compelling argument for reevaluating realtor commissions.

    Antitrust Economics at a Time of Upheaval

    Play Episode Listen Later Jun 6, 2024 65:08


    Hear the editors of the new book Antitrust Economics at a Time of Upheaval: Recent Competition Policy Cases on Two Continents discuss the recent resurgence and transformation in competition policy and economics in the US, the EU and the UK. Professors John Kwoka, Tommaso Valletti and Lawrence White talk to Capitol Forum Executive Editor Teddy Downey about some of the cases they see as “flashpoints” in the competition paradigm shift and explain the economic implications of recent enforcement actions.

    Jason Kint on the US vs. Google Antitrust Trial

    Play Episode Listen Later Jun 6, 2024 51:42


    CEO of Digital Content Next, Jason Kint, offers his analysis of the recently concluded Google trial proceedings. As one of the foremost authorities on digital media and tech policy, Jason offers invaluable insights into the implications and potential outcomes of this landmark case.

    The Re-Monopolization of the U.S. Sports Trading Card Industry

    Play Episode Listen Later May 8, 2024 56:32


    Listen in as Capitol Forum Executive Editor Teddy Downey interviews the authors of a recent paper entitled “The Re-Monopolization of the U.S. Sports Trading Card Industry.” Authors Marc Edelman, Nathaniel Grow and John Holden discuss the history of US sports trading cards leading up to sports retailer Fanatics' consolidation of the $8B industry. Learn how Fanatics used exclusive sports-licensing agreements to achieve the monopoly and what the potential implications are for the industry and for consumers.

    Capitol One/Discover: A Competition Policy and Regulatory Deep Dive

    Play Episode Listen Later Apr 15, 2024 50:15


    Hear senior policy analyst at Economic Liberties Shahid Naeem discuss his findings from a recent report on the proposed Capital One/Discover merger, which, if approved, would create the U.S.'s sixth-largest bank and No. 1 credit card issuer. Shahid evaluates the strength of Capital One's “merge-to-compete” defense in an increasingly challenging enforcement environment.

    Antitrust Enforcement - Past, Present, & Future with Bill Baer

    Play Episode Listen Later Apr 15, 2024 58:42


    On the latest episode of The Capitol Forum's Second Request podcast, Executive Editor Teddy Downey speaks with one of the world's best known and most respected antitrust/competition enforcers, Bill Baer. As the only person to have led antitrust enforcement at both U.S. antitrust agencies, Bill offers unique insight into how antitrust enforcement has changed over the years and what challenges and opportunities current enforcers face.

    Exploring Shifts in the Global Antitrust Landscape with Cristina Caffarra

    Play Episode Listen Later Apr 15, 2024 59:32


    On this episode of Second Request, renowned antitrust expert Cristina Caffarra talks to Executive Editor of The Capitol Forum, Teddy Downey, about how the major shift underway in US antitrust is propagating across the globe. Listen to the podcast to learn what implications the shift has for antitrust, trade and industrial policy across the US, Europe and the Global South. They also cover developments that have come out of Cristina's groundbreaking conference in Brussels: Antitrust, Regulation and the Next World Order.

    John Newman on Antitrust, AI and Current FTC Cases

    Play Episode Listen Later Mar 20, 2024 48:02


    On this episode of Second Request, The Capitol Forum's Teddy Downey speaks with former FTC deputy director and DOJ trial attorney, John Newman, about the current antitrust landscape in the US. Currently a Professor of Law at Miami University, John is an expert on antitrust and competition law, with a primary focus on the economics and regulation of digital markets. Listen to the podcast to hear them discuss the latest FTC cases and how AI is shaping antitrust law.

    2024 Presidential Election Outlook with Michael Podhorzer

    Play Episode Listen Later Mar 20, 2024 47:53


    Experienced election analyst Michael Podhorzer talks to Executive Editor of The Capitol Forum, Teddy Downey, about the 2024 presidential election. Listen to the podcast to learn more about what polling and historical voting patterns can and can't tell us about prospective outcomes. They also discuss the roles and responsibilities of the press during election cycles.

    How Hackers Dox Doctors to Order Mountains of Oxy and Adderall

    Play Episode Listen Later Mar 20, 2024 28:40


    404 Media co-founder and journalist Joseph Cox discusses his latest investigation into how hackers and fraudsters are illegally accessing sensitive drug ordering tools and then advertising some of the most tightly controlled drugs in the country, including fentanyl. Communicating directly with the hackers and fraudsters themselves, Joseph was able to uncover how they are gaining access to legitimate drug ordering services. Listen to the podcast to learn about the methods they use and why unsecure “credit header data” is at the root of many of these compromises.

    White House Competition Priorities: A Conversation with Bharat Ramamurti

    Play Episode Listen Later Jan 23, 2024 36:16


    On this episode of Second Request, Executive Editor of The Capitol Forum, Teddy Downey, speaks to former Deputy Director for the National Economic Council Bharat Ramamurti about the White House's approach to improving competition across all sectors of the economy. During his time on the National Economic Council, Bharat played a key role in developing the President's Executive Order on Competition, which set forth 72 provisions for steps federal agencies can take to promote competition. Listen to the podcast to learn how the Executive Order reflects the president's specific competition priorities and to hear about some of the successes that have already come out of it, including the newly established Competition Council.

    A Discussion with Clean Virginia's Brennan Gilmore

    Play Episode Listen Later Dec 21, 2023 53:39


    On this episode of Second Request, executive director of Clean Virginia, Brennan Gilmore, discusses the biggest successes and challenges Clean Virginia has experienced working to advance clean government and clean energy. Listen to the podcast to learn about the history of Virginia's monopoly utility regulation and the influence Dominion Energy, Virginia's largest utility, has had on how the state's energy is structured. You'll hear why Clean Virginia blames a misaligned incentive structure and political influence for years of customer overcharges, poor energy efficiency, and lack of market competition and what they are doing to change it.

    Unpacking the Litigation Against the National Association of Realtors with Real Estate Executive Jack Ryan and Antitrust Attorney Darren McCarty

    Play Episode Listen Later Nov 29, 2023 63:18


    Jack Ryan, cofounder and CEO of the real estate brokerage REX, and Darren McCarty, lead lawyer in the current antitrust litigation for REX, discuss the recent litigation against the National Association of Realtors and what it means for the future of residential real estate.

    A Deep Dive into the Google Trial and Tech Landscape with Seth Bloom

    Play Episode Listen Later Nov 29, 2023 54:45


    Legal expert Seth Bloom delves into the Google antitrust trial, amidst the current legal landscape, tech trends, and evolving regulatory environment. Analyzing the trial's dynamics, he and host Teddy Downey explore the role of Judge Mehta, potential outcomes, and the broader implications for the tech industry. The conversation extends to AI, cloud computing, and algorithmic accountability, touching on issues surrounding YouTube and children's privacy.

    Kevin Erickson on Live Nation Entertainment

    Play Episode Listen Later Nov 29, 2023 58:58


    Kevin Erickson, director of the Future of Music Coalition, discusses the DOJ and State AGs' monopolization investigations into Live Nation and how anticompetitive conduct in the industry hurts musicians and fans. Kevin and host Teddy Downey lay out what regulators, enforcers, and policymakers can do to encourage competition, diversity of practice, and creative autonomy in the live music marketplace.

    Untapped Government Policy Options for Getting Cheaper Generics to Market with Dr. Michael J. Birrer

    Play Episode Listen Later Nov 29, 2023 43:31


    Dr. Michael J. Birrer, an expert in oncology, discusses the complexities of generic oncology drug shortages, exploring the root causes and potential solutions to this recurring problem. Dr. Birrer shares his perspectives on the impact of reimbursement policies, the role of government intervention, and the need for a more streamlined FDA process. The discussion also touches on the influence of insurance companies, the quality of medical expertise in insurance decisions, and the broader landscape of oncology drug development.

    Venture Predation: How Venture-Backed Startups Use Predatory Pricing to Suppress Competition

    Play Episode Listen Later Sep 15, 2023 59:24


    On the latest episode of Second Request, Associate Professor of Law Matthew Wansley and Professor of Law Samuel Weinstein of Cardozo School of Law discuss their recent article entitled “Venture Predation” published in the Journal of Corporation Law. Speaking with The Capitol Forum's Teddy Downey, Matthew and Samuel explain the economics and history behind venture predation and why we currently see very little enforcement of the practice. Download the podcast to hear descriptions of some of the high-profile case studies addressed in their article, including Uber, WeWork, and Bird and learn what these examples can show us about venture predation's harmful impact on consumers, communities and innovation.

    A Discussion with Shaoul Sussman on the DOJ and FTC's New Merger Guidelines

    Play Episode Listen Later Aug 3, 2023 34:16


    On this episode of Second Request, Teddy Downey and the FTC's Shaoul Sussman discuss the new draft merger guidelines from the FTC and DOJ. Shaoul describes some of the market dynamics, economic conditions and case law reflected in the new guidelines, and why the agencies thought it was time for an update: The agencies “have a mandate to make the guidelines more accessible and provide clear rules of the road, both for CEOs that contemplate a merger and also for the public to understand what goes into how we think about cases.” Listen to the podcast to hear them delve into some of the language and intentions of individual guidelines, including: Guideline six and market structures Guideline seven and the concept of dominance Guideline eight and concentration trends

    Diana Moss to Swifties: This is How to Break Up Ticketmaster/Livenation

    Play Episode Listen Later Jul 27, 2023 41:00


    On July 20, Capitol Forum Executive Editor Teddy Downey spoke with Diana Moss, President of the American Antitrust Institute (AAI), about what a LiveNation-Ticketmaster monopoly breakup could look like. The AAI recently published a deep dive on vertical integration of Live Nation and Ticketmaster as well as proposed remedies. On the podcast, Diana describes the legal climate around vertical mergers in 2010 when the two companies first merged: “We had this whole gestalt around vertical mergers being viewed as pro-competitive, getting a lot of deference in enforcement cases, no case law. And that merger, Live Nation/Ticketmaster, was especially egregious because Ticketmaster had about 80 percent share in primary ticketing.” To put that statistic in perspective, Diana sites the new, proposed merger guidelines, which describe 50 percent share as a presumption of anti-competitive outcomes. The current result, she points out, is a lack of choice for everyone involved: “Venues have no choice, or very little choice, but to go to Ticketmaster. Artists have very little choice but to go to Ticketmaster for ticketing. Even Taylor Swift had to do this. She was promoted by AEG, which is a competing concert promoter, but AEG didn't have the ticketing services. So Ticketmaster was the only option.” Listen to the full podcast to hear about: The complications of secondary markets Retaliation fears from artists and independent venues Historical breakup precedents Potential remedies, including the drawbacks to conduct remedies

    The Rise of Textualism in Antitrust Enforcement: A Conversation with Bob Lande

    Play Episode Listen Later Jul 13, 2023 55:52


    In the latest episode of Second Request, Teddy interviews Bob Lande on the impact of textualism on merger analysis. Bob Lande is Venable Professor of Law Emeritus at the University of Baltimore School of Law and a board member for the American Antitrust Institute who has written about the use of textualism in antitrust enforcement and the way it affects statutory interpretation in a recent article for the Utah Law Review and a presentation to the FTC.Due to its emphasis on “precise language,” Bob argues that rather than leading to more conservative antitrust decision making by the courts, textualism should lead to the exact opposite: “Textualism should lead, if anything, to more aggressive antitrust enforcement….This is because the Sherman Act, the FTC Act and the Clayton Act are all products of the progressive era. It's not surprising that their precise language is very pro-consumer and very anti-monopoly.”Listen to the podcast to hear Teddy and Bob discuss:• Section 7 language• The express efficiencies defense• Monopolization

    California Attorney General Rob Bonta's Antitrust Priorities

    Play Episode Listen Later Jul 6, 2023 33:27


    On April 23, 2021, Rob Bonta was sworn in as the 34th Attorney General of the State of California, the first person of Filipino descent and the second Asian-American to occupy the position. Attorney General Bonta's passion for justice and fairness was instilled in him by his parents, who served on the frontlines of some of America's most important social justice movements. Instilling in him the lessons they learned from the United Farm Workers and the civil rights movement, Attorney General Bonta's parents lit a fire inside him to fight against injustice — to stand up for those who are taken advantage of or harmed. It's why he decided to become a lawyer — to help right historic wrongs and fight for people who have been harmed. He worked his way through college and graduated with honors from Yale University and attended Yale Law School. In the State Assembly, Attorney General Bonta enacted nation-leading reforms to inject more justice and fairness into government and institutions. As the People's Attorney, he sees seeking accountability from those who abuse their power and harm others as one of the most important functions of the job. In elected office, he has taken on powerful interests and advanced systemic change — pursuing corporate accountability, standing up for workers, punishing big polluters, and fighting racial injustice. He has been a national leader in the fight to transform the criminal justice system, banning private prisons and detention facilities in California, as well as pushing to eliminate cash bail in the state. He has led statewide fights for racial, economic, and environmental justice and worked to further the rights of immigrant families, renters, and working Californians.

    The Real Reason Your Groceries Are Getting More Expensive with Stacy Mitchell

    Play Episode Listen Later Jun 22, 2023 62:29


    Stacy Mitchell is Co-Executive Director of the Institute for Local Self-Reliance, a research and advocacy organization that challenges concentrated corporate power and works to build thriving, equitable communities. ILSR has been a pioneering leader in the growing anti-monopoly movement and has a long track record of working alongside grassroots groups to develop better alternatives, from community-owned broadband, to independent businesses, to distributed solar.Stacy recently wrote an opinion piece in the New York Times titled The Real Reason Your Groceries are Getting More Expensive, and has advocated for the FTC revitalizing the anti chain store legislation known as the Robinson Patman Act.Stacy has also produced pivotal research and reporting on the policies driving the decline of small businesses and the economic and political consequences of monopoly power. In 2020, she was profiled by the New York Times for her analysis of Amazon's power and her leadership in building a broad coalition to counter it. Her reports and articles about the tech giant have drawn a wide and influential readership. The House Judiciary Committee cited her research extensively in its “Investigation of Competition in Digital Markets.” In 2022, political strategy firm Baron named her an “Antitrust Super Influencer” for her role in shaping the policy debate.

    FTC Commissioner Alvaro Bedoya Argues for Robinson-Patman Act Revitalization

    Play Episode Listen Later Jun 15, 2023 35:25


    Alvaro Bedoya was sworn in May 16, 2022 as a Commissioner of the Federal Trade Commission. President Joe Biden named Bedoya to a term that expires on Sept. 25, 2026.Bedoya was the founding director of the Center on Privacy & Technology at Georgetown University Law Center, where he was also a visiting professor of law. He has been influential in research and policy at the intersection of privacy and civil rights, and co-authored a 2016 report on the use of facial recognition by law enforcement and the risks that it poses to privacy, civil liberties, and civil rights. He previously served as the first Chief Counsel to the Senate Judiciary Subcommittee on Privacy, Technology and the Law after its founding in 2011, and Chief Counsel to former Senator Al Franken, of Minnesota. Prior to that, he was an associate at the law firm WilmerHale.

    Alleged Anticompetitive Conduct by Drug Wholesalers with Luke Slindee

    Play Episode Listen Later Jun 8, 2023 64:11


    This week on Second Request, our host Teddy Downey is joined by Luke Slindee, Senior Pharmacy consultant at Myers and Stauffer LC. In this role, Luke helps facilitate the data collection, data analysis, and public posting of pharmacy actual acquisition cost benchmarks, reducing NADAC and multiple State AACs. Luke is widely recognized for his expertise in pharmacy policy and competition rules.

    Philip Mattera on Pay for Delay

    Play Episode Listen Later Jun 1, 2023 28:49


    This week on Second Request, the Hatch-Waxman Act of 1984 laid out a pathway for generic drugs to come to market as patent protections for brand name drugs expire. But brand-name producers have found a way to stave off competition: paying generic producers to delay market entry of their cheaper drugs.

    Structural Presumption for Merger Review with Tommaso Valletti

    Play Episode Listen Later May 25, 2023 47:33


    Tommaso Valletti is Professor of Economics at Imperial College Business School and also the University of Rome "Tor Vergata" (on leave). He was formerly the Chief Competition Economist of the European Commission,In a recent paper, "Structuring a Structural Presumption for Merger Review," Tommaso and Filippo Lancieri discuss the key standards that should drive antitrust enforcement.

    The Coming Antitrust Wars in the Alcohol Market, with Harry Schuhmacher

    Play Episode Listen Later Apr 27, 2023 55:04


    With the FTC already investigating the liquor distribution market as well as Big Soda as it tries to enter the beer market, and with the Department of Treasury's TTB undertaking a rulemaking to revamp alcohol competition law, the timing couldn't be better to hear from Harry Schuhmacher on his views on problematic conduct in the alcohol markets.Harry Schuhmacher is Editor & Publisher of Beer Business Daily, Craft Business Daily and Wine & Spirits Daily – all read on every continent except Antarctica. Harry has worked in the beer business for over 30 years in a variety of positions, and has published Beer Business Daily for over twenty years. In addition, he is the producer of the Beer Industry Summit and the Wine & Spirits Summit. He is often quoted as a beer industry expert in national publications such as Forbes, The Wall Street Journal, and Bloomberg. He is a graduate of the University of Texas at Austin.

    Spotting Anticompetitive Conduct in Pharma Supply Chain, with Antonio Ciaccia

    Play Episode Listen Later Apr 4, 2023 58:36


    46brooklyn is a group of pharmacy experts who set out to educate others about what they had learned about the frustrating complexity of the U.S. drug pricing system. As 46brooklyn dug into the pharmaceutical supply chain, Ohio began uncovering hundreds of millions of dollars in state overspending on prescription drugs through its Ohio Medicaid program. 46brooklyn's founders had begun doing data analytics and research to help uncover massive disconnects between pharmacy reimbursements, the actual costs of prescription drugs, and what the state of Ohio was getting charged through its state Medicaid program.Ever since, 46brooklyn has spearheaded a national push for more transparency into the pharmaceutical supply chain, particularly the role played by Pharmacy Benefit Managers (PBMs).

    United Healthcare's Culture and Coverage Denial Crisis, with David Armstrong and Patrick Rucker

    Play Episode Listen Later Feb 24, 2023 43:05


    On February 2nd, Propublica and The Capitol Forum co-published a blockbuster article: "UnitedHealthcare Tried to Deny Coverage to a Chronically Ill Patient. He Fought Back, Exposing the Insurer's Inner Workings."It is a shocking story about a persistent effort by an insurer to choose profit over patient health, and we discuss the reporting for the story in-depth with two of the authors. We also explore what the reporters learned about UnitedHealth's culture and the gaps in oversight and enforcement when it comes to the government's role in policing and regulating insurance companies.

    Analyzing the FTC's Ban on Noncompete Agreements with Sandeep Vaheesan

    Play Episode Listen Later Feb 2, 2023 59:15


    The FTC recently proposed to ban noncompete agreements, and one of the most persistent advocates for this rule is Sandeep Vaheesan, legal director at the Open Markets Institute.Vaheesan leads Open Markets' legal advocacy and research work, including its amicus program. Vaheesan works on a range of anti-monopoly topics, including antitrust law's role in structuring labor markets and promoting fair competition. From 2015 to 2018, he served as a regulations counsel at the Consumer Financial Protection Bureau, where he helped develop rules on payday and title lending and debt collection practices. Before that, he worked at the American Antitrust Institute.Vaheesan's writing has appeared in The Atlantic, Harvard Law & Policy Review, The New York Times, The Washington Post, and Yale Law Journal Forum. He has a forthcoming book titled Democracy in Power with the University of Chicago Press on the history of public and cooperative power in the United States and the lessons it offers for building a clean, publicly accountable electric industry today.

    FTC's Elizabeth Wilkins Discusses Proposed Ban on Non-Compete Agreements

    Play Episode Listen Later Jan 20, 2023 22:53


    The FTC recently issued a proposed rule to ban noncompete clauses, which the agency estimates could increase workers' earnings by nearly $300 billion per year.Elizabeth Wilkins is the FTC's Director of the Office of Policy Planning, and the lead on the proposed rule on noncompetes.The Office of Policy Planning assists the Commission to develop and implement long-range competition and consumer protection policy initiatives and advises staff on cases raising new or complex policy and legal issues.One of the Office of Policy Planning's primary roles involves advocacy, submitting filings supporting competition and consumer protection principles to state legislatures, regulatory boards, and officials; state and federal courts; other federal agencies; and professional organizations. The Office also organizes public workshops and issues reports on cutting-edge competition and consumer protection topics, addressing questions of substantive antitrust law, industry-specific practices, and significant national and international policy debates. In addition to the Office of Policy Planning, several offices throughout the Commission, including the Bureau of Competition's Office of Policy and Coordination, also provide policy advice.

    Chokepoint Capitalism with Author Cory Doctorow

    Play Episode Listen Later Dec 22, 2022 59:42


    “In Chokepoint Capitalism, scholar Rebecca Giblin and writer and activist Cory Doctorow argue we're in a new era of “chokepoint capitalism,” with exploitative businesses creating insurmountable barriers to competition that enable them to capture value that should rightfully go to others. All workers are weakened by this, but the problem is especially well-illustrated by the plight of creative workers. From Amazon's use of digital rights management and bundling to radically change the economics of book publishing, to Google and Facebook's siphoning away of ad revenues from news media, and the Big Three record labels' use of inordinately long contracts to up their own margins at the cost of artists, chokepoints are everywhere.”“By analyzing book publishing and news, live music and music streaming, screenwriting, radio and more, Giblin and Doctorow deftly show how powerful corporations construct “anti-competitive flywheels” designed to lock in users and suppliers, make their markets hostile to new entrants, and then force workers and suppliers to accept unfairly low prices.”“In the book's second half, Giblin and Doctorow then explain how to batter through those chokepoints, with tools ranging from transparency rights to collective action and ownership, radical interoperability, contract terminations, job guarantees, and minimum wages for creative work.”https://www.penguinrandomhouse.com/books/710957/chokepoint-capitalism-by-cory-doctorow-and-rebecca-giblin/

    FTC Chair Lina Khan Discusses Unfair Methods of Competition

    Play Episode Listen Later Dec 12, 2022 25:43


    Lina M. Khan was sworn in as Chair of the Federal Trade Commission on June 15, 2021. Prior to becoming head of the FTC, Khan was an Associate Professor of Law at Columbia Law School. She also previously served as counsel to the U.S. House Judiciary Committee's Subcommittee on Antitrust, Commercial, and Administrative Law, legal adviser to FTC Commissioner Rohit Chopra, and legal director at the Open Markets Institute.

    Microsoft/Activision with Xbox CEO Phil Spencer

    Play Episode Listen Later Dec 6, 2022 28:32


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