Institutional continuity at antitrust agencies
Reflecting on his tenure at the DOJ through 2025, Dr. Chicu offered a firsthand perspective on how federal agencies use economists. Across multiple administrations, he observed a consistent reliance on economic input.
“Economists always had a seat at the table and were always part of the discussion,” Dr. Chicu said. While administrations may prioritize different factors, the DOJ and the Federal Trade Commission (FTC) continue to rely on sophisticated economic analysis to inform their decisions.
Applying proven frameworks to emerging technologies
The conversation also addressed the complexities of analyzing new technologies, such as algorithmic pricing and the rapid advancement of artificial intelligence (AI). While the pace of change is significant, Dr. Chicu argued that core economic principles of competition—including those governing price-fixing and market power—still apply.
Economists always had a seat at the table and were always part of the discussion.
—Mark Chicu
The primary task for antitrust experts, he noted, is not to reinvent economics, but to apply proven analytical tools to these new environments. Understanding how technology influences competitor interactions and market dynamics still relies on the same foundations of industrial organization that have guided the field for decades.
Observations for the current landscape
The antitrust environment has evolved rapidly in recent years, driven by technological advancement and active enforcement. Dr. Chicu’s observations suggest several key considerations for navigating this complexity:
- Early analytical integration: Thinking through economic frameworks at the start of a case helps to ensure an economically sound legal narrative from the outset.
- Agency involvement: Recognizing the integral role of agency economists is critical for evaluating potential regulatory hurdles, regardless of the administration in power.
- Technological context: While AI changes how companies compete, established economic tools remain central to explaining market power and competitive effects to a court.
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