Taking an "Extra" Look at Addressing Monopolization: A Conversation with Jennifer Sturiale

Taking an "Extra" Look at Addressing Monopolization: A Conversation with Jennifer Sturiale

From Ruled by Reason by American Antitrust Institute

December 18, 2025 · 52 min

About this episode

The episode discusses the gap between public concern over monopolies and the limitations of current antitrust enforcement with Professor Jennifer Sturiale.

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 of current Section 2 enforcement. Sturiale notes at the outset that her work originates in a fundament, ongoing issue: while antitrust law is, by its nature, deliberately narrow—designed not to punish firms that acquire monopoly power through "superior business acumen" or historic accident—this leaves significant harms unaddressed. In her view, monopoly power is harmful regardless of how it is acquired, not only because of price, output, or quality effects, but also because monopolists amass outsized resources that can distort politics, media, litigation, and democratic processes more broadly. (2:37) Sturiale then describes how her recent scholarship explores an unconventional alternative: using federal or state eminent domain powers—what she calls an "extra-antitrust" approach—to address market concentration. (5:49) Drawing on Supreme Court takings jurisprudence, particularly Hawaii Housing Authority v. Midkiff , she explains that…

People in this episode

Host: Kathleen Bradish

Guest: Jennifer Sturiale

Topics covered

  • monopolization
  • antitrust law
  • market concentration
  • eminent domain
  • political distortion

Keywords

  • monopoly
  • antitrust
  • eminent domain
  • market power
  • economic distortion

Mentioned in this episode

Organizations: American Antitrust Institute

Books & works: Hawaii Housing Authority v. Midkiff

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