Excited to share my new @openmarkets.bsky.social expert brief: “The Enduring Force of the Federal Antitrust Laws.” As I detail in this new paper, despite decades of judicial retreat, the federal antitrust laws remain powerful tools to fight monopoly power and corporate domination.

The brief outlines six key enforcement avenues still robust under current law — showing how federal, state, and private actors can act even when federal leadership lags. static1.squarespace.com/static/5e449... Here’s what it covers:

Tying Arrangements. Still per se illegal when a firm uses dominance in one market to force sales in another. Recent rulings, including Epic v. Google and DOJ’s 2025 case on Google’s ad tech, reaffirm this principle.

Exclusive Deals. Courts and enforcers remain skeptical when monopolists use exclusivity to freeze rivals out. From the 2001 Microsoft decision to modern cases against Google, the law still heavily favors plaintiffs.

Price- and Wage-Fixing. Per se illegal — always. Whether in agriculture, housing, or labor markets, collusion that sets prices or wages remains one of the clearest antitrust violations.

Unfair Seller Discrimination (Robinson-Patman Act). The FTC revived this long-dormant law in 2024. The RPA can target suppliers who give dominant buyers like Walmart and Amazon unfair price advantages over smaller retailers.

Interlocking Directorates. Serving on multiple competing boards is per se illegal. DOJ and FTC enforcement has revived Section 8, forcing dozens of board resignations since 2022.

Together, these enforcement paths form a blueprint for reinvigorating antitrust — even in the face of judicial hostility and weak federal oversight.