How Do We Fix the Competition Problem in Shipping? The Role for Private Actions under the Shipping Act
Release Date: 07/17/2023
Taking an “Extra” Look at Addressing Monopolization: A Conversation with Jennifer Sturiale
Ruled by Reason
In this episode of Ruled by Reason, AAI VP and Director of Legal Advocacy Kathleen Bradish speaks with Professor Jennifer Sturiale about how her recent work attempts to address the persistent gap between public concern over monopolies and the limits of current Section 2 enforcement. Sturiale notes at the outset that her work originates in a fundament, ongoing issue: while antitrust law is, by its nature, deliberately narrow—designed not to punish firms that acquire monopoly power through “superior business acumen” or historic accident—this leaves significant harms unaddressed. In...
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The Three-Legged Stool of U.S. Antitrust Enforcement: A Conversation with Michael Kades
Ruled by Reason
In this episode of Ruled by Reason, AAI President Randy Stutz talks with antitrust thought leader Michael Kades about the latest developments at the intersection of federal, state and private antitrust enforcement. The conversation begins with a discussion of the strengths and weaknesses of federal, state and private enforcers in the current enforcement climate (5:11). It then moves to the promise of “public entity litigation,” in which private counsel represent federal, state or local government entities in bringing enforcement actions they lack the resources to bring on their own (8:45)....
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From Labor Market Theory to Antitrust Policy: A Conversation with Ioana Marinescu
Ruled by Reason
On this episode of Ruled by Reason, AAI Senior Counsel David O. Fisher talks with leading economist Ioana Marinescu about the theoretical frameworks underpinning labor monopsony and how they apply in various antitrust law and policy contexts. The conversation centers on Marinescu’s recent paper with coauthor José Azar, , which lays out the theoretical frameworks underlying monopsony power in labor markets and develops a theory-informed discussion of antitrust law and policy. The conversation begins with an examination of Marinescu’s background and her research on labor markets and...
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Monopolizing by Conditioning: A Conversation Between Jack Kirkwood and Daniel Francis, Jerry S. Cohen Award Winner for Antitrust Scholarship
Ruled by Reason
In this episode of Ruled by Reason, guest host , Professor of Law and the William C. Oltman Professor of Teaching Excellence at Seattle University School of Law, sits down with , Assistant Professor of Law at NYU Law School. The two discuss Francis’s award-winning article, . Professor Francis’s article won the 23rd Annual Jerry S. Cohen Memorial Fund Writing Award, presented on May 29 at AAI’s 2025 Annual Policy Conference, . The article demonstrates that conditional dealing should be recognized as its own, separate form of monopolistic conduct rather than squeezed into ill-fitting...
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Applying Computer Science Principles to Police Modern Cartels: A Conversation with Giovanna Massarotto
Ruled by Reason
On this episode of Ruled by Reason, AAI Senior Counsel David O. Fisher chats with legal scholar Giovanna Massarotto about what antitrust law can learn from computer science, and particularly how understanding agreement algorithms can help courts and enforcers police algorithmic price-fixing and other illegal agreements under Section 1 of the Sherman Act. The conversation centers on Massarotto’s recent paper, , which examines the characteristics of agreement algorithms and how they can inform the “plus factor” analysis courts use to determine the likelihood of an illegal...
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Experts, Daubert, and Judicial Gatekeeping: A Conversation with Edoardo Peruzzi and Christine Bartholomew
Ruled by Reason
On this episode of Ruled by Reason, AAI Senior Counsel David O. Fisher chats with economist Edoardo Peruzzi and antitrust scholar Christine Bartholomew about the role of Daubert challenges in antitrust suits, focusing on the increasing role of Daubert as a gatekeeping device that may be hindering private antitrust enforcement. The conversation begins with an examination of Peruzzi’s recent working paper, which finds that Daubert challenges have become more frequent in antitrust cases and that, although plaintiffs’ experts are challenged more frequently, defendants’ experts are more often...
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How the Agri-Stats Case Can Help Shape Treatment of Anticompetitive Information Exchanges: A Discussion Between Emily Bridges of the Food and Agriculture Impact Project and Professor Peter Carstensen
Ruled by Reason
On this episode of Ruled by Reason, Emily Bridges of the Food and Agriculture Impact Project has a wide-ranging discussion with antitrust scholar Peter Carstensen about the role of information exchange in restricting competition in agricultural markets, focusing on how the DOJ’s case against Agri-Stats addresses that threat. After covering the oligopolistic nature of many agricultural markets (2:45), the two do a deep dive on why information exchange can be so harmful to competition (11:04). Professor Carstensen explains how the law on information exchange has evolved and how that history...
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Competition, Fairness, and Regulation in Food & Agriculture: A Conversation with Andy Green, Senior Advisor for Fair and Competitive Markets at the U.S. Department of Agriculture
Ruled by Reason
In this episode of Ruled by Reason, AAI President Randy Stutz sits down with . The two discuss how Green found his way to the USDA after beginning his career as a corporate securities lawyer and developing policy expertise in the financial sector (2:46), the new role created for a competition advisor at USDA (9:25), USDA’s tools for implementing President Biden’s Executive Order on Promoting Competition (11:02), USDA’s coordination with the USPTO to strengthen patent quality and promote competition in seeds markets (29:25), USDA’s coordination with the Antitrust Division of the DOJ to...
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How Exactly Does Common Ownership Harm Competition? A Conversation with Florian Ederer, Jerry S. Cohen Award Winner for Antitrust Scholarship
Ruled by Reason
In this episode of Ruled by Reason, guest host , the Robert A. Bandeen Distinguished Professor of Economics at Duke University’s Fuqua School of Business, sits down with Professor to discuss his award-winning article, . Professor Ederer is the Allen and Kelli Questrom Professor in Markets, Public Policy & Law at Boston University’s Questrom School of Business. His article, co-authored with Professors and of the IESE Business School and of the University of Oxford Saïd Business School, won the 22nd Annual Jerry S. Cohen Memorial Fund Writing Award, presented on May 22 at...
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International Update: Checking In with ICN's Cartel Working Group
Ruled by Reason
In this episode of Ruled by Reason, AAI goes international! Enforcers from the U.S., New Zealand, UK and Chile talk with Kathleen Bradish, Vice President and Director of Legal Advocacy, about their agencies’ cross-border work to stop price-fixing cartels. Leah McCoy, Juan Correa, Louise Baner, and Grant Chamberlain, whose agencies are heading up the International Competition Network’s Cartel Working Group, tell us about the important role of the CWG in advancing cross-border enforcement and give us a preview of some of CWG’s exciting new projects. These include initiatives that reflect...
info_outlineOn this episode of Ruled by Reason, AAI Vice President for Legal Advocacy Kathleen Bradish hosts J. Wyatt Fore and David Golden of Constantine Canon to discuss their work in private antitrust enforcement under the Shipping Act. They explain how consolidation in the shipping industry has led to a serious competition problem, one that came into full view when COVID-19 exposed a dangerous lack of resilience in the supply chain. The conversation covers the role of the Federal Maritime Commission in antitrust enforcement and the role for private enforcement in working alongside the FMC to encourage greater competition in shipping. Wyatt and David discuss their own experience litigating in front of the FMC and improvements that can be made to the process to make it easier for private plaintiffs to bring meritorious claims. This episode is for anyone interested in finding out more about competition in an industry that touches on nearly every aspect of our lives. After listening, head over to the AAI website to read Wyatt and Kathleen’s white paper “Competition Enforcement, Private Actions and the Shipping Act” for a deeper dive on the issues raised here.