Podcasts about Monopsony

Is "Abundance" the answer to our housing, energy, and pharma crises—or just neoliberalism in a new outfit?In this in-depth conversation, Capital Forum's Teddy Downey sits down with Sandeep Vaheesan of the Open Markets Institute to dissect "Abundance", the much-hyped book by Ezra Klein and Derek Thompson. Sandeep—legal director, historian, and author of Democracy and Power—offers a sweeping critique of the book's policy proposals and ideological foundations.We talk about:

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.

Welcome to the world of monopsony - where sellers, not buyers, get the raw deal.So, how does this impact me as a consumer?Then, the link between productivity and a pay increase. Guests:Emilia Terzon - ABC national business reporterMatthew McKenzie - Energy and economics reporter with the West Australian Get in touch: We read all of your emails, and appreciate each one. Please keep them coming theeconomy.stupid@abc.net.au or use the #PeterMartinEconomy on Instagram to get our attention.

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.

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.

Amidst all the current debates in Europe about competitiveness, productivity, migration, and economic transitions – both ‘green' and ‘digital' - the ongoing issue of labour shortages has emerged as a major policy concern, intrinsically tied to all of the above.But what are the major factors driving these shortages? Where do we see them the most? And what kinds of solutions would be the most effective?  Discussion with ETUI Senior Researcher Wouter Zwysen, author of multiple recent papers on labour shortages, job quality, and workers' bargaining power. Further reading:⁠Labour shortages, job quality and workers' bargaining power | etui⁠⁠Labour shortages – turning away from bad jobs | etui⁠⁠Monopsony and non-competitive labour markets | etui⁠⁠Benchmarking Working Europe 2024 | etui⁠⁠Wage inequality in Europe | etuiLowering wage inequality through collectively negotiated minima | etui⁠⁠Green transition and job quality: risks for worker representation | etuiIndustrial policy for quality jobs and a just transition | etui⁠⁠What are governments doing about low-wage employment – and how successful is it? | etui⁠⁠Job quality in turbulent times | etui

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.

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.

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.

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.

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.

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.

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.

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.

When a report has an opening like this, you know you have to find a way to get the author on Midrats.As a nation, we are in an undeclared state of emergency.…This is a hot Cold War II. The West has empirically lost deterrence. We must respond to this emergency to regain it.We have a peer adversary: China. “Near-Peer” is a shibboleth, a euphemism to avoid the embarrassment of acknowledging we have peers when we were once peerless. That quote is from The Defense Reformation, written last October by Shyam Sankar the Chief Technology Officer for Palantir.So many of the issues my cohost and I have been covering on Midrats the last decade and a half; personnel reform, Goldwater-Nichols, COCOM reform, the accretion encumbered acquisition program, and more are not just addressed in Sankar's 18 Thesis, as I outlined in my Substack on it a few months ago, he provides solutions and new approaches.Get a fresh cup of coffee, relax, and enjoy an impactful hour of conversation for those interested in reforming the US military towards a stronger, more responsive steward of our nation's defense.SummaryIn this conversation, Sal, Mark, and Shyam Sankar discuss the need for innovation within the Department of Defense. They explore historical parallels, the importance of creativity, and the role a Silicon Valley mindset can have in national security. The discussion emphasizes the need for agility in budgeting, the impact of monopsony on procurement, and the significance of software in modern warfare. They also highlight the importance of founders and innovative thinking in driving change within the defense sector.TakeawaysThe historical context of the Reformation can inform modern defense strategies.Creativity and innovation are essential for overcoming bureaucratic structures in defense.Silicon Valley's involvement in defense technology is crucial for national security.Lessons from the automotive industry can be applied to improve defense procurement.Founders play a vital role in driving innovation and change in organizations.People, processes, and policies must be aligned to optimize defense operations.Monopsony in defense procurement limits competition and innovation.Agility in budgeting is necessary to respond to changing defense needs.Stockpiles are less important than the ability to produce weapons quickly.Software is a key component in achieving asymmetric advantages in warfare.Chapters00:00: Introduction to Defense Reformation03:21: Historical Context: The Reformation and Defense Reform06:18: Creativity and Innovation in Defense09:04: The Role of Silicon Valley in National Security11:42: The Legacy of McNamara and Defense Management14:30: Protecting Innovative Personalities in Defense17:14: The Need for Modernization in Defense Policies20:05: Monopsony in Defense Procurement22:59: Encouraging Founders and Innovation in Defense32:36: The Nature of Venture Capital and Innovation33:08: Learning from Failure: The SpaceX Approach34:21: Breaking Down Bureaucracy: The Need for Reinvention36:24: Institutionalizing Rebellion: Encouraging Innovation38:46: Leveraging Free Market Principles in Military Operations41:06: The Role of Combatant Commanders in Defense Budgeting43:09: Reassessing Cost-Plus Contracting in Defense46:23: The Need for Agility in Budget Processes49:11: The Importance of Production Over Stockpiles52:58: Empowering Decision-Making in Military Leadership57:41: Harnessing Software as a National Superpower

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.

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.

Shyam Sankar, Chief Technology Officer and Executive Vice President of Palantir Technologies, joins the show to explain the broken Defense Department acquisition process and how he believes it can be fixed. ▪️ Times      •      01:24 Introduction     •      01:39 Employee #13      •      03:14 Palantir      •      06:22 Monopsony       •      11:18 Messy and chaotic      •      14:40 Dual purpose companies      •      17:18 The buying process      •      23:50 Pushback     •      25:59 Competing efforts     •      27:37 Heretics and heroes      •      31:22 Thinking about future war       •      35:05 A changing selection criteria      •      36:47 “The future is software defined”   Follow along on Instagram or YouTube @SchoolofWarPodcast Find a transcript of today's episode on our School of War Substack

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.

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.

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.

Oriana Leckert is the Head of Publishing at Kickstarter, and works with the many, many authors who are finding community support on Kickstarter. They're hosting a celebration all this month, Heartstrings & Hardbacks: Kickstarter and Romance, so we connected to talk about successful romance projects, strategies that work and don't work on Kickstarter, and the evolution of fandom (a topic I'm always curious about).Oriana has worked in publishing for a long time, and applies her entire employment experience to her current job. She's also the author of a book called Brooklyn Spaces, and it sounds like it was a really cool project.You can find Oriana Leckert on her website, and on Instagram.We also mentioned:Heartstrings & HardbacksMonopsonyEpisode 507. Romance Kickstarters with Lucy Eden and Katee RobertMy post on book title SEO madness Join our Patreon for complete mayhem, shenanigans, and more! Hosted on Acast. See acast.com/privacy for more information.

Oriana Leckert is the Head of Publishing at Kickstarter, and works with the many, many authors who are finding community support on Kickstarter. They're hosting a celebration all this month, Heartstrings & Hardbacks: Kickstarter and Romance, so we connected to talk about successful romance projects, strategies that work and don't work on Kickstarter, and the evolution of fandom (a topic I'm always curious about).Oriana has worked in publishing for a long time, and applies her entire employment experience to her current job. She's also the author of a book called Brooklyn Spaces, and it sounds like it was a really cool project.You can find Oriana Leckert on her website, and on Instagram.We also mentioned:Heartstrings & HardbacksMonopsonyEpisode 507. Romance Kickstarters with Lucy Eden and Katee RobertMy post on book title SEO madness Join our Patreon for complete mayhem, shenanigans, and more! Hosted on Acast. See acast.com/privacy for more information.

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.

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.

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.

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.

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.

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.

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.

For decades, the standard labor market model has been ruled by supply and demand, but a younger generation of labor economists is questioning that approach. Suresh Naidu is a Professor of Economics and International Public Affairs at Columbia University. He says while the supply and demand model is not wrong, it only tells part of the story. In this podcast, Naidu and journalist Rhoda Metcalfe discuss why today's labor market model sometimes fails to reflect the real world.  Transcript: https://bit.ly/4aHBqvz 

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.

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.

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.

vince kelvin and Lowell discussed the nature of seduction and the importance of authenticity in communication on this episode of Learning with Lowell. Vince shared his personal experiences and struggles with communication, stressing the need to focus on underlying emotions and intentions. They also discussed the importance of self-understanding, self-reliance, and self-reflection in personal relationships. Vince emphasized the importance of taking action and not getting stuck in mental debate. Towards the end, they discussed the importance of managing expectations and trusting oneself.  PODCAST INFO: The Learning With Lowell show is a series for the everyday mammal. In this show we'll learn about leadership, science, and people building their change into the world. The goal is to dig deeply into people who most of us wouldn't normally ever get to hear. The Host of the show – Lowell Thompson- is a lifelong autodidact, serial problem solver, and founder of startups. LINKS Spotify: https://open.spotify.com/show/66eFLHQclKe5p3bMXsCTRH RSS: https://www.learningwithlowell.com/feed/podcast/ Youtube: https://www.youtube.com/channel/UCzri06unR-lMXbl6sqWP_-Q Youtube clips: https://www.youtube.com/channel/UC-B5x371AzTGgK-_q3U_KfA Website: https://www.learningwithlowell.com Vince Kelvin links https://www.imdb.com/name/nm7666655/?ref_=nm_mv_close https://www.youtube.com/user/vincekelvin https://www.linkedin.com/in/vince-kelvin-74b85523 https://www.seductioncoaching.com/ Timestamps 00:00 start 00:40 Seduction a science vs art 04:45 Words vs feelings 08:45 Finding needs / instinct 12:15 improving  muscle of instinct  19:34 Mindful techniques / strategies 23:00 Energy work  26:55 jocko willink  / breathing  34:25 Friendship, relationships, systems to understand people 44:20 Trusting your gut / standing up for yourself 52:48 Crazy Acronym 53:40 Vince coming to america 55:45 Words put in context / personal kindness  01:01:55 Akash Inti and seducing friends   01:08:27 Vince not feeling well 01:10:40 Improving Non profits ability to raise money / vince's sister  01:15:39 Men getting stuck in friendzone  01:17:05 Seduction in long term relationships  01:20:55 Family Love  01:22:22 Monopsony vs polygamyvs ? 1:28:34 Dating Apps  / advice in dating 01:35:41 Final words! 

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.

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.

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.

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.

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.

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.

On this day in legal history, September 21, 1981, the United States Senate approved the nomination by President Reagan of Sandra Day O'Connor to the United States Supreme Court–making her the first female Supreme Court justice. O'Connor, who often leaned conservative, used her political experience from her time in the Arizona state Senate to shape her judicial views. She was known for filing concurring opinions that aimed to limit the scope of majority rulings. She faced opposition from the time of her nomination from anti-abortion and religious groups. During her tenure, O'Connor was known for her pragmatic approach and often served as the swing vote in contentious cases. Initially aligning closely with conservative Chief Justice William Rehnquist, her voting record later became more moderate as the Court's composition shifted. She played a pivotal role in key decisions, including those related to abortion rights, affirmative action, and campaign finance.She was involved in landmark cases such as Grutter v. Bollinger, which upheld the constitutionality of race-based admissions to universities, and Planned Parenthood v. Casey, which preserved the core constitutional precept of Roe v. Wade. O'Connor retired in 2006 but left a lasting impact on American jurisprudence, particularly in her nuanced approach to complex legal issues.O'Connor also had a brief stint in acting, appearing as Queen Isabel in a 1996 Shakespeare Theatre production of Henry V. In a landmark decision, she cast the deciding vote in the 2000 Bush v. Gore case, which ended the Florida vote recount and paved the way for George W. Bush's presidency. She later expressed reservations about the court's involvement in the case.In another historic moment, O'Connor became the first woman to preside over an oral argument in the Supreme Court during the case of Kelo v. City of New London on February 22, 2005. Later that year, at the age of 75, she announced her plans to retire from the bench. Following her retirement, she took on the ceremonial role of the 23rd chancellor of William and Mary College in Williamsburg, Virginia, a position first held by George Washington. Her groundbreaking career remains a significant chapter in the history of the U.S. Supreme Court.The Federal Circuit's active judges have suspended 96-year-old Judge Pauline Newman for one year for failing to undergo medical testing as part of a disability and misconduct investigation. Initiated by Chief Judge Kimberly A. Moore, the probe began after Newman allegedly had a cardiac incident and raised questions about her productivity. The investigation is notable for its public nature, a rarity in judicial disability investigations. Legal scholars suggest that such probes may become more frequent as the average age of federal judges has risen to 69.Newman has contested the investigation, framing it as bullying and arguing that it was motivated by her frequent dissents in favor of stronger patent rights. The council stated that Newman's non-compliance with medical tests hampers their ability to assess her fitness for duty. A special committee had recommended the suspension, citing Newman's consistent refusal to cooperate.Newman's lawyer, Greg Dolin, criticized the investigation's procedures and called the renewable suspension "unlawful" under the Judicial Conduct and Disability Act. Newman plans to appeal the council's order and has also filed a lawsuit seeking reinstatement. She submitted two medical reports affirming her mental fitness, which the council dismissed as inadequate.The case has drawn public attention, contrasting sharply with Newman's recent accolades at a legal conference. Affidavits from court staff depict her as struggling with memory loss and paranoia, adding another layer of complexity to this unprecedented judicial probe.Embattled 96-Year-Old Judge Suspended in Disability Probe (2)A high-stakes antitrust lawsuit has been filed against the Ultimate Fighting Championship (UFC) by around 1,200 former fighters, including Nate "Rock" Quarry. The suit alleges that UFC confines athletes to perpetual contracts and pays them far less than they would earn in a competitive market. The case has been fast-tracked for trial next spring and is closely watched as it could set a precedent for athletes in various sports to fight for better pay using antitrust law.The UFC, owned by Endeavor Group Holdings, generated a record revenue of $1.14 billion last year and reaches over 900 million households globally. Fighters are required to sign exclusive deals, often including four fights per year. However, the UFC allegedly withholds the last fight in a contract until the fighter agrees to renew, effectively trapping them in a cycle of successive contracts.The fighters argue that the UFC is a "monopsony," a sole buyer in a market, and accuse it of abusing this power. Monopsony cases are rare but have gained attention under the Biden administration. While there are other combat sports promotions, the plaintiffs argue that UFC controls the majority of fighters in nearly all weight classes and has also bought or shut down its rivals.The class action status of the lawsuit increases the risk for UFC, as it could be compelled to pay up to $4.8 billion in treble damages. The case could also encourage athletes in other industries to file similar suits. UFC has petitioned to appeal the class certification, arguing that the court erroneously certified the class.The case also highlights the financial struggles of fighters, who are independent contractors paid per bout. While top fighters can earn millions, most fighters have to fund their own training and equipment, leaving them with little net income. The case aims not just for compensation but also to bring about a change in the sport, offering fighters better terms and ending the cycle of perpetual contracts.UFC Fighters Test Antitrust Law to Escape ‘Perpetual' ContractsThe U.S. federal judiciary has enough funds to operate for at least two weeks if the government shuts down due to a lapse in funding. The Administrative Office of the U.S. Courts stated that court fees and other available funds could be used to continue hearing cases. Some case deadlines may be rescheduled if federal agency attorneys are not working during the shutdown. If the funds do run out, the judiciary would operate on a limited basis, retaining only the staff necessary for mission-critical work.Current government funding is set to expire at the end of the fiscal year on September 30, putting pressure on lawmakers to reach a deal on a short-term funding bill. Infighting among House Republicans and disagreements between the Republican-controlled House and Democratic-controlled Senate have jeopardized the passage of appropriations bills for fiscal year 2024. House Republicans have proposed allocating $8.7 billion to the federal judiciary for the next fiscal year, while Senate Democrats have proposed $8.56 billion. Both fall short of the judiciary's request for $9.1 billion.Judge Lavenski Smith of the U.S. Court of Appeals for the Eighth Circuit expressed that a potential government shutdown is a "consistent matter of concern" and that plans are being considered to keep the judiciary operational. The judiciary, which employs nearly 30,000 people, almost ran out of money during the last government shutdown in 2018. The Case Management/Electronic Case Files (CM/ECF) system, used for electronic filing of documents, remained operational during the previous shutdown. The U.S. Supreme Court, which opens its new term on October 2, has used non-appropriated funds in the past to continue short-term operations.Judiciary Has Funds for Two Weeks if Government Shuts Down (1)A legal team that successfully sued Tesla's board of directors for allegedly overpaying themselves is now seeking $229 million in legal fees, amounting to $10,690 an hour. The request was made in a filing in Delaware's Court of Chancery on September 8. If approved, this would be one of the largest fee awards ever resulting from a shareholder lawsuit against a board. The case took several years to build and focused on the compensation paid to Tesla's directors from 2017 to 2020.The 12 director defendants, including James Murdoch and Larry Ellison, had agreed to return $735 million in compensation and forego another potential $184 million. They also agreed to overhaul the board's compensation determination process. The settlement money will be paid to Tesla and indirectly benefit shareholders, making this a derivative lawsuit.The law firms involved in the case estimate the total settlement value at $919 million and are seeking 25% of that sum as their fee. They are also requesting about $1 million in expenses. Partners and staff from the law firms involved have billed thousands of hours on the case.Courts typically review fee requests by balancing the need to reward risk and effort against the risk of a disproportionate windfall that could undermine public confidence in the legal system. David Paige, founder of Legal Fee Advisors, described the fee request as "extraordinary" compared to typical hourly rates for corporate attorneys, which can go up to $2,000.Tesla's directors have not yet objected to the fee request but are expected to do so, according to court filings. A hearing to approve the settlement and the legal fees is scheduled for October 13, and Tesla shareholders have until Friday to file any objections.In 2012, Delaware courts approved an hourly rate that worked out to $35,000 in a Southern Copper shareholder lawsuit, setting a precedent that the outcome achieved should be the focus, not the hourly rate.Lawyers who sued Tesla board for excess pay want $10,000 an hour | ReutersA recent Reuters/Ipsos poll reveals that a majority of Americans, including both Democrats and Republicans, support the ongoing strikes in the auto industry and Hollywood. The poll found that 58% of Americans back the United Auto Workers union's strike against Ford, General Motors, and Stellantis for better pay and benefits. In the entertainment industry, 60% support the strikes by screenwriters and actors for better pay and protections. Among Democrats, the support is especially strong, with 72% backing the auto workers strike and 79% supporting the Hollywood strike. Interestingly, a significant number of Republicans also expressed support for the strikes, despite the party's traditional pro-business stance. The poll reflects a broader trend of increased union activism in the U.S., with 2023 on track to become the busiest year for strikes since 2019.Americans broadly support auto, Hollywood strikes -Reuters/Ipsos pollA U.S. authors' trade group, including renowned writers like John Grisham and George R.R. Martin, has filed a class-action lawsuit against OpenAI. The lawsuit accuses OpenAI of unlawfully training its AI chatbot, ChatGPT, on copyrighted works from these authors. The Authors Guild, which filed the suit, is also concerned that the training data may have been sourced from illegal online book repositories. OpenAI has defended its actions by claiming that the use of internet-scraped training data falls under "fair use" according to U.S. copyright law. The lawsuit is part of a broader legal landscape where AI companies are facing challenges over the data used to train their systems.John Grisham, other top US authors sue OpenAI over copyrights | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

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.

Selam fularsızlar, yaz kursuna kaldığımız yerden devam: Artık kendi işletmemizin ötesindeki ilişkiler ağına geçiyoruz. Bir başka deyişle balıkları bıraktık, akvaryumun kendisini yani ekonomiyi ele aldık. Dairesel Akış Modeli, Kıtlık, Mülkiyet, Fiyatlar, Verimli Piyasa Hipotezi ve organ mafyaları, ne ararsan var.Konular:(00:00) Son bölümden: Podcast Nasıl Dinlenir(01:40) Yaz Kursu: İlk 2 bölüm(02:25) Dairesel Akış Modeli(03:15) Ekonomi nedir?(06:25) Borç kötü müdür(08:10) Kıtlık ve Fırsat Maliyeti(10:05) Kobayashi Maru(11:05) Eski Bölüm: Dördüncü Dalga(11:50) Özel Mülkiyet vs Kişisel Mülkiyet(14:55) Ticaret ve Karşılaştırmalı Üstünlük(17:50) Fiyatlar neye işaret eder(19:59) Monopsony(20:40) Spekülasyon(21:50) Verimli piyasa hipotezi(22:53) Organ piyasası olmalı mı?(25:30) Ters teşvik: Sıçanlar ve kobralar(27:05) Bölüm Özeti ve teşekkürlerKaynaklar:See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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

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

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

For decades, antitrust agencies focused on the harm to consumers. But lately, the federal government has started paying more attention to anticompetitive behavior when it comes to workers. Could this be a major turning point for antitrust enforcement? For more on monopsony, check out the paper referenced in the show: Monopsony in Labor Markets: A Meta-Analysis.Take NPR's annual podcast survey – especially if you're a new listener! It's short, anonymous, and will help us serve you better!