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Artwork for Ruled by Reason
Microsoft
Interlocking Directorates
Antitrust Law
Monopolizing By Conditioning
Common Leadership
Tunney Act
Antitrust
Monopsony Power
Google
Antitrust Remedies
Section 8 Of the Clayton Act
Labor Markets
No-Poach Agreements
Hewlett Packard Enterprise
Live Nation
Raising Rivals Costs
Windows
Browser Market
Common Ownership

The American Antitrust Institute's Ruled by Reason podcast explores current topics in progressive antitrust with experts from enforcement, business, and academia. Ruled by Reason guests discuss and debate the benefits of competition for markets, consumers, and workers. We delve into the importance of antitrust enforcement for promoting competition in our markets and democratic values in civil soci... more

PublishesMonthlyEpisodes51Founded6 years ago
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Artwork for Ruled by Reason

Latest Episodes

In this episode of Ruled by Reason, AAI General Counsel Mark S. Hegedus sits down with Professor Spencer Weber Waller of Loyola University Chicago School of Law to discuss his new book, Power and Greed: Monopolies, Mergers, and Cartels on the America... more

In this episode of Ruled by Reason, AAI President Randy Stutz sits down with Professor Darren Bush of the University of Houston Law Center to discuss the Antitrust Penalties and Procedures Act of 1974, better known as the Tunney Act, and its role in ... more

In this episode of Ruled by Reason, AAI Senior Counsel David O. Fisher sits down with economist Ellie Prager to discuss her paper, Collusion Through Common Leadership, co-authored with Alejandro Herrera-Caicedo and Jessica Jeffers and accepted for ... more

In this episode of Ruled by Reason, guest host Roger Noll, Professor of Economics Emeritus at Stanford University and a member of the Jerry S. Cohen Award Selection Committee, sits down with Mark Lemley, the William H. Neukom Professor of Law at Stan... more

In this episode of Ruled by Reason, AAI Vice President and Director of Legal Advocacy Kathleen Bradish talks with Ron Schnell, a computer scientist, startup entrepreneur, and former general manager of the Technical Committee created to monitor Micros... more

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 ... more

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 di... more

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 c... more

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Recent Guests

Darren Bush
Professor of Law and the Bobby Wayne Young Chair on Consumer Law at the University of Houston Law Center
University of Houston Law Center
Episode: Antitrust Settlements, Transparency, and the Tunney Act: A Conversation with Darren Bush
Ellie Prager
Applied Microeconomist, Assistant Professor at Simon Business School, University of Rochester; co-author of Collusion Through Common Leadership
University of Rochester, Simon Business School; National Bureau of Economic Research
Episode: Does Common Leadership Facilitate Collusion? A Conversation with Ellie Prager
Mark Lemley
William H. Neukom Professor of Law at Stanford University; co-author of Anticompetitive Directors
Stanford Law School; Lex Lumina (partner)
Episode: Interlocking Directorates and the Antitrust Laws: A Conversation Between Roger Noll and Mark Lemley, Jerry S. Cohen Award Winner for Antitrust Scholarship
Ron Schnell
Computer scientist with four decades in technology; former general manager and chief executive of the Technical Committee for US v. Microsoft, overseeing compliance monitoring
Keystone (technology fellow); co-author on Stanford Computational Antitrust Journal article
Episode: Making Big Tech Antitrust Remedies Stick Beyond the Courtroom: A Conversation with Ron Schnell
Jennifer Sturiale
Associate Professor of Law at Delaware Law School; former Clemenco Fellow at Harvard Law School; expert on antitrust and civil procedure
Delaware Law School
Episode: Taking an "Extra" Look at Addressing Monopolization: A Conversation with Jennifer Sturiale
Michael Kades
Former Deputy Assistant Attorney General for Civil Enforcement at the DOJ Antitrust Division; founder of private antitrust practice focused on public entity litigation
Nachewati Law Group
Episode: The Three-Legged Stool of U.S. Antitrust Enforcement: A Conversation with Michael Kades
Ioana Marinescu
Associate professor at University of Pennsylvania, expert on labor monopsony
University of Pennsylvania; National Bureau of Economic Research
Episode: From Labor Market Theory to Antitrust Policy: A Conversation with Ioana Marinescu
Daniel Francis
Jerry S. Cohen Award Winner for Antitrust Scholarship; Professor of Law at NYU
New York University School of Law
Episode: Monopolizing by Conditioning: A Conversation Between Jack Kirkwood and Daniel Francis, Jerry S. Cohen Award Winner for Antitrust Scholarship

Host

Randy Stutz
Host of Ruled by Reason

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Talking Points

Recent interactions between the hosts and their guests.

Antitrust Settlements, Transparency, and the Tunney Act: A Conversation with Darren Bush
Q: What are your views on investment packages or non-competition related terms included in settlements, such as educational initiatives or political investments?
Investment packages that aim to influence public policy or politics, rather than address competitive effects, are deeply problematic unless they have a clear deterrent effect and address anti-competitive remedies; if the settlement process itself is flawed, such provisions undermine the legitimacy of the decree and the court's role.
Antitrust Settlements, Transparency, and the Tunney Act: A Conversation with Darren Bush
Q: What is the difference between pre- and post-complaint settlements, and why does this distinction matter for Tunney Act purposes?
Pre-complaint settlements are negotiated before a complaint is filed and can be reviewed as a consent decree under Tunney Act; post-complaint settlements occur after liability has been determined and can involve remedies under the court's equitable powers, raising questions about whether they are still governed by the same public-interest review or treated as decree-like instruments.
Antitrust Settlements, Transparency, and the Tunney Act: A Conversation with Darren Bush
Q: Explain what the Tunney Act is, its key provisions, and the historical events leading to its passage.
The Tunney Act requires that proposed judgments be reviewed by a court, with administrative records including a competitive impact statement and public notice and comment, so the court can determine whether the settlement serves the public interest; the Act emerged from concerns raised by past merger cases and political influences, and it established a framework for judicial scrutiny of consent decrees.
Does Common Leadership Facilitate Collusion? A Conversation with Ellie Prager
Q: Can you explain in general terms what questions you sought to ask when you wrote this paper and what your conclusions were?
The study aimed to test whether common leadership is associated with higher rates of collusion and to assess whether this relationship is causal or due to other factors; it found a strong association with a significant jump in collusion when a common leader arrives, while also addressing alternative explanations and potential mechanisms.
From Labor Market Theory to Antitrust Policy: A Conversation with Ioana Marinescu
Q: What are the three theoretical frameworks that contribute to Monopsony Power?
They are oligopsony, differentiated jobs, and search and matching frictions, each explaining different ways that competition for workers can be limited and wages kept below marginal productivity.

Audience Metrics

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Frequently Asked Questions About Ruled by Reason

What is Ruled by Reason about and what kind of topics does it cover?

The show centers on progressive antitrust debate, often weaving together enforcement perspectives, academic research, and practical remedies. Across recent episodes, topics include the transparency and judicial review of antitrust settlements, the empirical links between common leadership and collusion, interlocking directorates, and the design and execution of remedies in large tech cases. Guests range from scholars to former industry executives and policymakers, offering rigorous analysis of how institutions, markets, and policy tools can promote competition, protect consumers, and address monopolistic power. The conversations frequently connect legal theory to real-world applications, exploring reforms, enforcement priorities, and the tr... more

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Ruled by Reason launched 6 years ago and published 51 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on Ruled by Reason?

Recent guests on Ruled by Reason include:

1. Darren Bush
2. Ellie Prager
3. Mark Lemley
4. Ron Schnell
5. Jennifer Sturiale
6. Michael Kades
7. Ioana Marinescu
8. Daniel Francis

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