Venture Predation: How Venture-Backed Startups Use Predatory Pricing to Suppress Competition

09/15/23 • 59 min

On the latest episode of Second Request, Associate Professor of Law Matthew Wansley and Professor of Law Samuel Weinstein of Cardozo School of Law discuss their recent article entitled “Venture Predation” published in the Journal of Corporation Law. Speaking with The Capitol Forum’s Teddy Downey, Matthew and Samuel explain the economics and history behind venture predation and why we currently see very little enforcement of the practice. Download the podcast to hear descriptions of some of the high-profile case studies addressed in their article, including Uber, WeWork, and Bird and learn what these examples can show us about venture predation’s harmful impact on consumers, communities and innovation.

Previous Episode

A Discussion with Shaoul Sussman on the DOJ and FTC’s New Merger Guidelines

On this episode of Second Request, Teddy Downey and the FTC’s Shaoul Sussman discuss the new draft merger guidelines from the FTC and DOJ. Shaoul describes some of the market dynamics, economic conditions and case law reflected in the new guidelines, and why the agencies thought it was time for an update: The agencies “have a mandate to make the guidelines more accessible and provide clear rules of the road, both for CEOs that contemplate a merger and also for the public to understand what goes into how we think about cases.”

Listen to the podcast to hear them delve into some of the language and intentions of individual guidelines, including:

Guideline six and market structures
Guideline seven and the concept of dominance
Guideline eight and concentration trends

Next Episode

Untapped Government Policy Options for Getting Cheaper Generics to Market with Dr. Michael J. Birrer

Dr. Michael J. Birrer, an expert in oncology, discusses the complexities of generic oncology drug shortages, exploring the root causes and potential solutions to this recurring problem. Dr. Birrer shares his perspectives on the impact of reimbursement policies, the role of government intervention, and the need for a more streamlined FDA process. The discussion also touches on the influence of insurance companies, the quality of medical expertise in insurance decisions, and the broader landscape of oncology drug development.