The Future of Antitrust

New Ideas for Dynamic Markets

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Competition Policy at a Crossroads

Antitrust law is front page news, and a technocratic policy tradition is now challenged by new — and particularly political — alternatives. The Future of Antitrust series focuses on providing a bridge between perspectives in what is now a highly competitive intellectual landscape. Special attention is paid to the effect recent advances in technology have on competition, although additional issues are addressed also.

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Events

Competition as Collateral: How U.S. Trade Policy is Reshaping the Global Economy | Conference, September 26, 2025, Grand Hyatt, Washington, D.C.

The second Trump Administration has imposed aggressive tariffs on most of its global trading partners. On the one hand, the Trump Administration argues these barriers will spur more U.S. production and possibly new entry by U.S. producers. On the other hand, these barriers will also insulate companies producing in the United States from global competition. These competing propositions have opposing implications for the competitiveness of U.S. and Global markets. This conference will explore how recent trade barriers are likely to recalibrate antitrust regulation and enforcement as these respond to a re-ordering of global trade.

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Professor Herbert Hovenkamp, Inaugural Future of Antitrust Lecture, April 8, 2026

Professor Herbert Hovenkamp, James G. Dinan University Professor at the University of Pennsylvania, has been called the “the dean of American antitrust law.” He is acclaimed for his unparalleled influence on contemporary antitrust doctrine and scholarship. His work has been cited by the U.S. Supreme Court in dozens of decisions and more than a thousand lower court rulings, positioning him as the most cited and authoritative scholar in the field. He will deliver the Inaugural Future of Antitrust Lecture at BYU Law School.

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In the Spotlight

Jennejohn & Bishop Publish New Paper on Deal Innovations

This paper introduces a method for tracing how contract terms evolve during deal negotiations and applies it to the spread of the “top‑up option” in two‑step tender offers. It shows that firms are ten times more likely to adopt the provision when their negotiating partner prefers it, highlighting the pivotal role of firm‑to‑firm information exchange in shaping contract evolution.

Higbee, Jennejohn, Jones, & Talley Present on Term Innovation in the M&A Market at ALEA 2025

Josh Higbee, Matt Jennejohn, Cree Jones, and Eric Talley presented their paper entitled “Fix the Price or Price the Fix: Resolving the Sequencing Puzzle in Corporate Contracting” at the 2025 Annual Meeting of the American Law and Economics Association held at New York University.

Antitrust Remedies – Trends, Challenges, and Innovations

Participants joined leading experts to explore the evolving landscape of antitrust remedies. This webinar examined recent enforcement trends—especially in light of major actions against the likes of Google and Meta—discussed the effectiveness of different types of remedies, and considered new approaches to addressing monopolistic practices in the digital age.