Jonathan B. Baker
jbbecon.bsky.social
Jonathan B. Baker
@jbbecon.bsky.social

Author, The Antitrust Paradigm: Restoring a Competitive Economy
Profile: https://www.american.edu/profiles/faculty/emer_jbaker.cfm

Economics 66%
Business 18%

3. "Looking at Merger Review from Outside an Ivory Tower" reviewing Louis Kaplow's merger book ssrn.com/abstract=533...
4. "How Economists Influence Antitrust: The Contributions of Tim Bresnahan, Janusz Ordover, Steve Salop, and Bobby Willig" academic.oup.com/antitrust/ar...
More to come in 2026!
Looking at Merger Review from Outside an Ivory Tower
This article reviews Louis Kaplow, Rethinking Merger Analysis (MIT Press 2024). The review evaluates the book's discussion of five major topics:&
ssrn.com

In 2025 I published 4 articles
1. "Competition Policy" in a book on econ consequences of the new admin cepr.org/publications...
2. "Trumpian Populism and the Changing Intellectual Landscape in Antitrust: Century-Old Resonances, the New Right, and the Possible End of an Era" ssrn.com/abstract=562...
The Economic Consequences of The Second Trump Administration: A Preliminary Assessment
==> REVISED & EXPANDED EDITION The Economic Consequences of the Second Trump Administration: A Preliminary Assessment delivers a timely, expert analysis of the economic shifts unfolding following President Trump’s return to office. Amid sweeping tariffs, sharp breaks in global alliances, assertions of presidential supremacy, government downsizing, deregulation, and risks to the rule of law, this volume offers thoughtful, evidence-based insights into how these policies may affect growth, trade, investment, inflation, stability, and the role of the dollar.
cepr.org

Excerpt from The Antitrust Paradigm (2019) that seems relevant today

Reposted by Ugo Panizza

Includes an update to my chapter on Competition Policy. Free to download at cepr.org/publications/books-and-reports/economic-consequences-second-trump-administration-preliminary

The article argues that Trumpian populism could presage the end of an 80-year era in antitrust enforcement and lead to long term instability in antitrust enforcement policy, which no longer seems settled and technocratic. Published in Antitrust LJ and also available at ssrn.com/abstract=562... 3/3
Trumpian Populism and the Changing Intellectual Landscape in Antitrust: Century-Old Resonances, the New Right, and the Possible End of an Era
<div> Senior enforcement officials in the second Trump administration describe their approach to antitrust as "conservative," but their Trumpian popu
ssrn.com

They say their approach is “conservative” but it differs from that of the Chicagoans who have been the primary conservative voices since the Reagan admin. Instead, Trumpian populist rhetoric on antitrust reflects New Right thinking and recalls the Lochner era of constitutional interpretation. 2/3

My new article “Trumpian Populism and the Changing Intellectual Landscape in Antitrust: Century-Old Resonances, the New Right, and the Possible End of an Era” looks at the views of current senior antitrust enforcement officials. 1/3

The HMT refines the demand substitution focus in the caselaw (e.g., duPont (Cellophane)) by suggesting a conceptual metric to determine how much demand substitution is too much to define a market. Looking just to Brown Shoe doesn't tell you how to think about that.

I see the HMT as differing from Brown Shoe for a different reason: The HMT looks only to evidence about a single economic force, demand (buyer) substitution, while some Brown Shoe factors are about other economic forces. As you say, both approaches integrate qualitative & qualitative evidence.

Reposted by Jonathan B. Baker

New Working Paper! Lucky to work with Shane Greenstein @shanegreenstein.bsky.social and Pai-Ling Yin on "New Economic Forces Behind the Value Distribution of Innovation." Abstract and link follow.

lnkd.in/ew6UHk3v
Looming problems from BLS statistics politicization. Social security benefits and many long term labor market contracts are indexed to the CPI. BLS makes the CPI. Recipients care about indexed cost of living increases, a lot.
/1

Agreed—market def in this case seems too fact-bound to be a good candidate for cert.

Nested markets are fine if the facts support both. I could imagine, for example, markets for colas, all soft drinks, and all beverages. If all satisfy the hypothetical monopolist test, conduct that harms competition in any one of them (or more than one) would presumably violate the antitrust laws.

I recently reviewed Louis Kaplow’s book "Rethinking Merger Analysis." The review evaluates the book’s discussion of market definition, coordinated effects, entry, efficiencies, and the welfare standard. Available in The Antitrust Source or at ssrn.com/abstract=533...
Looking at Merger Review from Outside an Ivory Tower
This article reviews Louis Kaplow, Rethinking Merger Analysis (MIT Press 2024). The review evaluates the book's discussion of five major topics:&
ssrn.com

Reposted by Jonathan B. Baker

Are you wondering how to make monopoly digital platforms more competitive? I have a new book with answers. Intro article here in ProMarket: www.promarket.org/2025/06/26/a...
A Pro-Competitive Handbook for Policymakers to Unlock Digital Competition - ProMarket
Fiona Scott Morton introduces her new book on how regulators and policymakers can promote competition and fairness in digital markets.
www.promarket.org

Lunch with some DC area antitrust professors. With @profgavil.bsky.social @lancierifilippo.bsky.social Dale Collins and @stevesalop.bsky.social

Reposted by Jonathan B. Baker

While the second Trump administration's initial moves in #antitrust enforcement suggested continuity, more recent actions outside the realm of antitrust enforcement have the potential to change #competitionpolicy dramatically, explains @jbbecon.bsky.social.
cepr.org/publications...
#EconSky
📢 New CEPR #eBook out NOW! 📚
"The Economic Consequences of the Second Trump Administration: A Preliminary Assessment"
Editors: Gary Gensler, @simonhrjohnson.bsky.social, @upanizza.bsky.social, @wederdim.bsky.social
Free download: cepr.org/publications...
#EconSky
I have a new book! Digital Platform Regulation. Fun analysis of what society should do to get some competition out of of our favorite gatekeeper platform. Relevant to the DMA and US antitrust remedies. And free! Download here:
som.yale.edu/centers/thur...
Digital Platform Regulation
som.yale.edu

Slater’s perspective favors strong antitrust. But it’s natural to wonder whether liberty protection—the intellectual basis for what she calls a new right realignment in antitrust—would, like Lochner era thinking, now justify non-antitrust policies to circumscribe social & economic regulation. 5/5

Slater also recalls the 19th c in her populist framing of antitrust as supporting “forgotten men and women”—for her consumers, workers, and small businesses and innovators in Little Tech, manufacturing, and family farms—against private monopolies, particularly “online platforms” 4/5

That view animated the Supreme Court’s 1899 Addyston Pipe decision, a leading antitrust precedent still read today written by Justice Rufus Peckham. Peckham famously supported expansive substantive due process protection for contract and property rights. 3/5

Slater emphasizes that individual liberty is threatened by “corporate tyranny” just as it is threatened by government tyranny. Similarly, the Lochner era Supreme Court objected to all artificial interference with the market, public or private, as inconsistent with the “liberty of contract.” 2/5

When AAG Slater roots her “America First Antitrust” (www.justice.gov/opa/speech/a...) in “conservative values,” she recalls judicial thinking from over a century ago. 1/5
Assistant Attorney General Gail Slater Delivers First Antitrust Address at University of Notre Dame Law School
Good afternoon. Thank you so much for having me. It is an honor to be here at Notre Dame to give my first formal address as Assistant Attorney General for the Antitrust Division. I’ve had many offers
www.justice.gov

Six years old…and still worth reading 🙂

Reposted by Jonathan B. Baker

NEW: After the second Trump administration initially appeared to maintain significant continuity in antitrust enforcement, the president more recently thrust the agencies into turmoil. Those later actions create troubling risks to the economy and the rule of law, writes @jbbecon.bsky.social.
Threats to Competition Policy in the Second Trump Administration: Is Antitrust Enforcement Following Alice Down the Rabbit Hole? - ProMarket
After the second Trump administration initially appeared to maintain significant continuity in antitrust enforcement, the president more recently thrust the agencies into turmoil. Those later actions ...
www.promarket.org

Threats to Competition Policy in the Second Trump Administration: Is Antitrust Enforcement Following Alice Down the Rabbit Hole?

My new blog post: www.promarket.org/2025/04/11/t...
Threats to Competition Policy in the Second Trump Administration: Is Antitrust Enforcement Following Alice Down the Rabbit Hole? - ProMarket
After the second Trump administration initially appeared to maintain significant continuity in antitrust enforcement, the president more recently thrust the agencies into turmoil. Those later actions ...
www.promarket.org

I gave a list of examples such as unilateral effects of mergers and raising rivals' costs analysis, and said "Those developments often moved the law and enforcement in a direction counter to the distributional interest of big business." From ssrn.com/abstract=449... 4/4
Not a Simple Story of Big Business Capture: An Essay on the Political Economy of Antitrust
This essay questions a political economy theory that views U.S. antitrust institutions as having been captured by big business around the late 1970s. It explain
ssrn.com

On the role of economics, I wrote in 2023 that "the big business capture theory cannot readily rationalize the not insubstantial influence ... of developments in economics since the 1970s that called into question non-interventionist perspectives" 3/4

..."Trump has organized his political movement around cultural and identity issues, not economic issues.”
Both quotes from ssrn.com/abstract=414... I also noted differences between the economic interests of Trumpian populists and big business. That's not saying big business favors democracy. 2/4
Finding Common Ground Among Antitrust Reformers
This forthcoming article explains why antimonopolists (neoBrandeisians) and post-Chicagoans (centrist reformers) should work together to advance both groups’ go
ssrn.com