State action is a double-edged sword for competition policy. Sometimes, the state intervenes in markets to correct failures or protect consumers. Other times, however, economic special interests capture regulation to thwart competition and extract rents. Do antitrust law and competition policy effectively address questions of state action by showing respect for democracy and legitimate regulatory choices while at the same time preventing the worst excesses of interest group capture? Such questions have recently arisen with respect to the continuing evolution of the state action immunity doctrine in cases like the Supreme Court's 2015 decision in North Carolina Board of Dental Examiners v. FTC and in struggles between new and incumbent technologies in industries such as riding sharing services (e.g., Uber) and automotive distribution (e.g., Tesla). This panel will examine the interfaces between competition policy and state regulation and consider what is working well and what could be improved.
Business meeting at program conclusion.