The Capitol Forum Podcast

<p><em>Exploring Solutions to Monopoly Problems</em></p><p>Following forty years of laissez-faire antitrust enforcement and industry consolidation, the White House is considering a fundamental rethink of how to interpret, enforce, and rewrite antitrust law, and many questions remain unanswered for the antitrust community. </p><p>On the heels of federal and state litigation against Google and Facebook, is Amazon next? Will the new administration put big agriculture, big banks, and big pharma in its crosshairs? Will the courts stop antitrust enforcers in their tracks? Will the Biden administration get cold feet?</p><p><strong><em>The Capitol Forum Podcast</em></strong> provides in-depth discussions with antitrust experts about the answers to these questions and about proposed solutions to the biggest monopoly problems of our time. Backed by the investigative resources and intellectual rigor of <strong><em>The</em></strong> <strong><em>Capitol Forum</em></strong>, Executive Editor and host Teddy Downey examines the effects of the current concentrations of market power across a vast array of industry verticals as he and his guests analyze the potential responses from the federal government. Offering thoughtful conversations with analysts and decision makers, <strong><em>The Capitol Forum Podcast </em></strong>provides everyone from C-Suite executives to policymakers, and all those in-between, strategic antitrust insights at the intersection of law, policy, and markets.</p>

Price Discrimination Laws—the Dormant Half of Our Antitrust Laws that Can Save Our Economy

In this Capitol Forum podcast, Executive Editor Teddy Downey speaks with Catherine Simonsen—co-founder of the newly launched Simonson Susman LLP and former FTC antitrust enforcer—about the long-neglected Robinson-Patman Act. Together, they dissect how underenforcement of price discrimination laws has contributed to excessive consolidation, economic rent extraction, and the quiet hollowing-out of American small businesses.Simonson outlines legal strategies to revive these laws and challenge dominant “power buyers” like Walmart and Amazon, and explains how price discrimination distorts the supply chain from producer to pharmacy shelf. This is antitrust not as theory, but as practice.

08-14
01:01:35

How Courts Interpret Copyright in the Age of AI

Generative AI is testing the limits of copyright law — and the courts are starting to weigh in. Teddy Downey speaks with Keith Kupferschmid, CEO of the Copyright Alliance, about:The legal stakes of AI training on copyrighted works-Conflicting rulings in California courts-How the Warhol decision could influence AI copyright cases-The importance of a healthy licensing market-What’s at risk for creators and the economy📌 Subscribe for more policy and legal deep dives

08-14
01:02:13

Steris/Synergy a Decade Out: A Retrospective Assessment

In this episode, Capitol Forum’s Nate Soderstrom sits down with Jeremy Sanford, partner at Econic Partners and former FTC economist, to discuss his new paper on the 2015 Steris/Synergy merger—a key potential competition case that was litigated but allowed to proceed.Jeremy walks through:Why the FTC brought the case-The court’s reasoning in denying the injunction-What we’ve learned from 10 years of post-merger evidence-How this case fits into broader merger enforcement and guideline updates📺 Subscribe for more analysis from The Capitol Forum

08-05
54:29

Trump’s Trade Letters and the August 1st Deadline

In this wide-ranging conversation, Capitol Forum Executive Editor Teddy Downey sits down with Beth Baltzan — former Counselor to U.S. Trade Representative Katherine Tai — and Capitol Forum Trade Correspondent Neil Tracey to unpack the latest wave of Trump tariff threats.We cover:Why Trump is targeting an unusual mix of countriesHow rare earths give China lasting leverageWhether USMCA will actually be exemptedThe growing influence of Big Tech on trade policySection 301 vs. Section 232: What tools Trump is using — and whyHow global trust in the U.S. rule of law is erodingWhat’s missing from a purely tariff-based industrial strategyWhy the global trading order may never be the same

07-31
01:07:44

Patenting and Pricing Eliquis, Ozempic, and Other Medicare-Targeted Drugs

Teddy Downey, Executive Editor of The Capitol Forum, sits down with Tahir Amin, co-founder of I-MAK, to discuss the pharmaceutical industry’s misuse of the U.S. patent system—and what it costs American patients and taxpayers.They dive into I-MAK’s new report, Overpatented, Overpriced, and explore:How drugs like Eliquis and Ozempic are protected by dozens to hundreds of patentsThe role of patent term extensions, follow-on patents, and settlement deals in delaying generic competitionHow companies like Novo Nordisk and BMS generate tens of billions in additional revenue through strategic patentingWhy the Hatch-Waxman Act and USPTO are failing to protect patients and the public interest Full report: https://www.i-mak.org/overpatented/

07-29
01:02:07

Proposed Breakups of Live Nation/Ticketmaster with Tommy Dorfman

What happens when one company dominates every aspect of an industry—from venues and ticketing to artist access and local politics? In this in-depth interview, The Capitol Forum’s Teddy Downey speaks with Tommy Dorfman, former promoter and now CEO of Juice Entertainment, about his extraordinary 15-year legal battle against Live Nation and Ticketmaster.Dorfman alleges that Live Nation used anti-competitive tactics—backed by its control of Ticketmaster—to force him out of the industry, block access to artists, and coerce state-run venues. His claims include:Closed-door threats and pressure to enter a forced partnershipA nationwide pattern of leveraging rebates to inflate ticket pricesControl over municipal venues, artist touring, and even event securityAs the U.S. Department of Justice pursues its own case against Live Nation, Dorfman makes a broader argument: that monopolistic control in the live events industry suppresses competition, stifles independent promoters, and ultimately harms artists and consumers alike.A story of market power, legal resilience, and the changing economics of live music.

07-23
50:22

Google’s Role in Digital Advertising with Ari Paparo

Ari Paparo has done it all in digital advertising—from DoubleClick and Google to founding Beeswax and covering the DOJ antitrust trial as an independent analyst.In this conversation with Capitol Forum Executive Editor Teddy Downey, Ari shares his insider take on:📌 Google’s ad tech dominance 📌 Why publishers lost control 📌 What the DOJ’s remedies get wrong 📌 The real reason Google is fighting so hard 📌 How ad markets could be reformed—and who might fill the vacuumAri walks us through the industry's tangled history and what it would take to create a truly open digital ad market.

07-21
58:45

Who’s Really Shaping RFK Jr.’s Health Agenda? Inside the Maha Influencers

In this Capitol Forum podcast, Executive Editor Teddy Downey is joined by Jeremy Furchtgott and Riley Kruse of Baron Public Affairs to unpack the Make America Healthy Again (MAHA) movement shaping RFK Jr.’s vision for Health and Human Services. Drawing from their rigorous influencer analytics and new report, they explore:The shift from academic experts to social media influencers like Tucker Carlson and Russell BrandCompeting schools of thought inside Maha: Big Pharma vs. Big FoodHow elite vs. populist divides shape policy prioritiesThe strange alliance between conservative “crunchy cons,” libertarians, and techno-optimistsWhat Maha says about vaccines, SNAP food policy, pharma ad bans, and the future of public health🔗 Don’t miss this deep dive into the information ecosystem redefining conservative health policy, learn more here: https://thecapitolforum.com/resources/analyzing-maha-influencers-shaping-rfk-jr-s-hhs-agenda/

06-20
01:01:36

What Abundance Gets Wrong

Is "Abundance" the answer to our housing, energy, and pharma crises—or just neoliberalism in a new outfit?In this in-depth conversation, Capital Forum’s Teddy Downey sits down with Sandeep Vaheesan of the Open Markets Institute to dissect "Abundance", the much-hyped book by Ezra Klein and Derek Thompson. Sandeep—legal director, historian, and author of Democracy and Power—offers a sweeping critique of the book’s policy proposals and ideological foundations.We talk about:📉 Why zoning reform won’t solve the housing crisis⚡ The overlooked history of public investment in energy💊 What Abundance misses about Big Pharma and price manipulation💥 How the book rebrands 1990s-era neoliberalism for 2025

06-11
01:04:01

The Hidden Monopoly: How Healthcare Platforms Threaten Competition

Jonathan Kanter (former DOJ Antitrust) and Martin Gaynor (Carnegie Mellon Professor and former FTC official) join The Capitol Forum to discuss their groundbreaking paper, The Rise of Healthcare Platforms. They explain how companies like UnitedHealth have evolved into sprawling conglomerates—combining insurer, provider, pharmacy, and PBM functions—and why this consolidation threatens both market competition and patient care.

05-23
57:40

Hannah Garden-Monheit, Max Berengaut and Jonathan Kanter on Price Fixing, Algorithms, Antitrust, and Rising Prices

In this podcast episode, experts Hannah Garden-Monheit, formerly at the FTC, Jonathan Kanter, and Max Barangau from The Capitol Forum dissect the complexities of antitrust policy, price fixing, and their impact on inflation. Garden-Monheit reflects on her journey from DOJ trial attorney to the FTC and White House NEC, highlighting challenges in revitalizing antitrust enforcement amid corporate skepticism. The panel scrutinizes controversial price-fixing cases, including algorithm-driven collusion in housing markets and egg pricing schemes, and explores how data-driven monopolization amplifies economic power. A compelling analysis for anyone interested in the crossroads of policy, economics, and technology.

03-29
01:11:24

Rebecca Slaughter, Katherine Tai and Jonathan Kanter on Getting Fired, Trade, and the Rule of Law

In this special episode, former FTC Commissioner Rebecca Slaughter and former U.S. Trade Representative Katherine Tai talk to Teddy and former Assistant Attorney General Jonathan Kanter to discuss the recent upheaval at the FTC and its implications for market stability, antitrust enforcement, and the rule of law. Slaughter describes being abruptly fired from her FTC position, highlighting that this dismissal violates legal protections that prohibit FTC commissioners' removal without cause. She emphasizes that this unprecedented action introduces significant legal uncertainty, potentially undermining ongoing critical FTC cases, such as the lawsuit against pharmaceutical benefit managers accused of inflating insulin prices, and cases involving major corporations like Amazon. This instability challenges market predictability and may affect the enforcement of antitrust laws, consumer protection, and market fairness.Ambassador Tai reflects on the global perception of U.S. trade policy, particularly during the Trump administration, and stresses the importance of consistent policies for international trust and stability. Tai explains the complexity surrounding tariffs, underscoring the risks associated with unpredictability and disruptions in trade relationships with key partners like the EU, Canada, and Mexico. She points out that inconsistent U.S. actions erode its reputation as a reliable trading partner, thus pushing other nations to depend more heavily on China or each other.Both express concern over current policy chaos in Washington, implications for the rule of law, and democratic stability. They highlight that market actors like Wall Street typically prefer predictability and clear rules, now compromised by this governmental instability. We end with worries that politically driven decisions—such as Slaughter’s firing—provide advantages to large corporations, including Big Tech, undermining fair competition and accountability.

03-26
55:28

Jonathan Kanter & Rethinking Antitrust for the Modern Economy

I talk to Jonathan Kanter who served as the Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice from 2021 to 2024.Kanter discusses his experiences at the FTC and DOJ, emphasizing the need for rigorous antitrust enforcement, especially as modern markets have evolved and become dominated by Big Tech. He highlights the importance of confronting monopolies to protect economic fairness, innovation, democracy, and freedom, and explains how he prioritized impactful cases against major corporations like Google, Apple, Ticketmaster, and others. Reflecting on his tenure, he stresses adapting antitrust laws to current market realities, warns about the dangers of economic concentration, and expresses the need for support for robust antitrust enforcement to maintain healthy competition and democracy.

03-10
01:16:21

UnitedHealth Group’s Vertical Consolidation with Hayden Rooke-Ley

Hayden Rooke-Ley is a Health Law and Policy Fellow at the Brown University School of Public Health and a Senior Fellow at the American Economic Liberties Project. In this episode of Second Request, Hayden discusses vertical consolidation in health care markets, UnitedHealth Group’s outsized lead in this trend with Medicare Advantage, and the capitated payment model undergirding this shift.  

03-10
55:51

Investor-Owned Utilities’ Excess Rates of Return with Mark Ellis

Mark Ellis, an American Economic Liberties Project Senior Fellow, discusses his recent paper “Rate of Return Equals Cost of Capital.” In this episode of Second Request, he examines how and why investor-owned utility profit models diverted from their initial design, as well as how much excess returns cost American households. 

03-10
01:00:05

Outlook for Congressional Competition Policy and Antitrust Enforcement During the Trump Administration with Slade Bond

Slade Bond, Chair of Cuneo, Gilbert and LaDuca’s Public Policy and Legislative Affairs practice, discusses the evolving landscape of tech policy, discussing the legislative battles, political dynamics, and behind-the-scenes efforts shaping the future of regulation. Slade shares his insights on navigating Congress, the challenges of bipartisan cooperation, the influence of industry lobbying, and what it takes to push meaningful reforms forward.

03-10
53:30

Fair and Competitive Markets at the U.S. Department of Agriculture with Andy Green

In this episode, former USDA Senior Advisor for Fair and Competitive Markets Andy Green discusses the Biden administration’s efforts to improve fairness in food markets and what the future may hold for the agency. Green reflects on key USDA rule-makings over the past few years, their impact on agriculture markets—particularly in seeds and poultry—and changes in enforcing the Packers and Stockyards Act. Green provides valuable insights into the agency’s progress and the steps he believes are necessary to strengthen competition in the food industry.

02-04
50:19

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