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Experts Tell Senate Panel Zero‑Price Markets, Vertical Mergers and Agriculture Need New Tools

Senate Judiciary Committee Subcommittee on Competition Policy, Antitrust and Consumer Rights · December 17, 2024
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Summary

Three expert witnesses told the Subcommittee that antitrust enforcers must adapt to harms in zero‑price markets, take a harder look at vertical mergers and continue attention to agricultural consolidation, recommending a mix of litigation and targeted legislation.

Three witnesses — law professors Roger Alford and John Newman and former state enforcer Gwendolyn Cooley — gave testimony emphasizing distinct but related enforcement priorities.

John Newman described "four areas of new antitrust consensus," starting with harms in zero‑price markets: "Markets without prices didn't seem to be markets at all and were therefore unworthy of our protection," he said, arguing those harms (attention extraction, privacy costs and concentrated marketplaces of ideas) can be translated…

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