Antitrust Enforcement for the 21st Century
Market competition is faltering in important parts of the U.S. economy. Measures commonly used by economists to evaluate firm-level economic performance now indicate that many firms have market power and are earning profits above competitive levels. The expected response—the entry of new firms that want to earn a share of those higher returns in those markets—has not happened. This is a consequence of barriers to entry, arising from a variety of sources including increased market concentration, the increased use of intellectual property protection in the form of patents, the rise of business models dependent on network externalities, and the rising importance of digital data as an input in production. The principal conclusion of this article is that antitrust policy must be reoriented to effectively limit the creation of barriers to entry. An example of how merger policy could be changed is developed.