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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 t ...
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In this Capitol Forum podcast, Executive Editor Teddy Downey speaks with Catherine Simonsen—co-founder of the newly launched Simonson Susman LLP and former FTC antitrust enforcer—about the long-neglected Robinson-Patman Act. Together, they dissect how underenforcement of price discrimination laws has contributed to excessive consolidation, economic…
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Generative AI is testing the limits of copyright law — and the courts are starting to weigh in. Teddy Downey speaks with Keith Kupferschmid, CEO of the Copyright Alliance, about: The legal stakes of AI training on copyrighted works -Conflicting rulings in California courts -How the Warhol decision could influence AI copyright cases -The importance …
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In this episode, Capitol Forum’s Nate Soderstrom sits down with Jeremy Sanford, partner at Econic Partners and former FTC economist, to discuss his new paper on the 2015 Steris/Synergy merger—a key potential competition case that was litigated but allowed to proceed. Jeremy walks through: Why the FTC brought the case -The court’s reasoning in denyi…
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In this wide-ranging conversation, Capitol Forum Executive Editor Teddy Downey sits down with Beth Baltzan — former Counselor to U.S. Trade Representative Katherine Tai — and Capitol Forum Trade Correspondent Neil Tracey to unpack the latest wave of Trump tariff threats. We cover: Why Trump is targeting an unusual mix of countries How rare earths g…
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Teddy Downey, Executive Editor of The Capitol Forum, sits down with Tahir Amin, co-founder of I-MAK, to discuss the pharmaceutical industry’s misuse of the U.S. patent system—and what it costs American patients and taxpayers. They dive into I-MAK’s new report, Overpatented, Overpriced, and explore: How drugs like Eliquis and Ozempic are protected b…
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What happens when one company dominates every aspect of an industry—from venues and ticketing to artist access and local politics? In this in-depth interview, The Capitol Forum’s Teddy Downey speaks with Tommy Dorfman, former promoter and now CEO of Juice Entertainment, about his extraordinary 15-year legal battle against Live Nation and Ticketmast…
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Ari Paparo has done it all in digital advertising—from DoubleClick and Google to founding Beeswax and covering the DOJ antitrust trial as an independent analyst. In this conversation with Capitol Forum Executive Editor Teddy Downey, Ari shares his insider take on: 📌 Google’s ad tech dominance 📌 Why publishers lost control 📌 What the DOJ’s remedies …
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In this Capitol Forum podcast, Executive Editor Teddy Downey is joined by Jeremy Furchtgott and Riley Kruse of Baron Public Affairs to unpack the Make America Healthy Again (MAHA) movement shaping RFK Jr.’s vision for Health and Human Services. Drawing from their rigorous influencer analytics and new report, they explore: The shift from academic ex…
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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 auth…
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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—a…
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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 rev…
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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 …
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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…
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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 coope…
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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.…
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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 capita…
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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—a…
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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,…
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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 t…
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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 structura…
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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 reg…
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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 …
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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 r…
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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, inc…
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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…
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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 Downe…
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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. Le…
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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 enf…
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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 ha…
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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, Euro…
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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…
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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 durin…
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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 …
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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 develop…
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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, Vi…
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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.
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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 …
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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, …
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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. Th…
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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…
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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 gu…
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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 …
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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 af…
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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 …
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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 gr…
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