An alternative to the consumer welfare standard in antitrust enforcement could be to analyze corporate mergers and acquisitions based on their impact's on the nation's capital stock. The consumer ...

In the early 20th century, the idea that “big is bad” drove a muscular federal antitrust policy that viewed large corporations with suspicion. Then, in the 1980s, the Federal Trade Commission began to ...

Bipartisan momentum to limit the power of Silicon Valley has threatened the 40-year reign of the consumer welfare standard in U.S. antitrust law. The shift — most notable among Republicans terrified ...

(Reiter v. Sonotone) relied primarily on Professor Robert Bork’s view that U.S. antitrust law was about consumer welfare, not the Brandeisian notion to favor small businesses over large ones. Bork’s ...

Progressives have been masterful at weaponizing antitrust law to push their agenda during Joe Biden’s presidency. In response, some on the right want to use antitrust to limit corporate America’s ...

The consumer welfare standard is a policy notion that’s achieved a lot notoriety of late. Not surprisingly. Due to errant Biden administration appointees like FTC Chair Lina Khan, the federal ...

For decades the consumer welfare standard has been the primary basis on which antitrust enforcement decisions are made. That standard asks about the effect actions and market dominance have on actual ...

The United States Congress is on the precipice of passing bipartisan legislation that would meaningfully rein in Big Tech’s stranglehold on our access to information, the products we buy, and how we ...

America’s antitrust policies are stuck in the 1980s. That was when courts and regulators began relying on what’s called the consumer-welfare standard. Articulated in Robert Bork’s 1978 book, “The ...