Randy Stutz

Randy Stutz is the President of the American Antitrust Institute (AAI), where he speaks and writes widely on a range of topics involving antitrust enforcement and competition policy. He previously served as AAI’s Vice President and Director of Legal Advocacy, where he helped create AAI’s judicial education program and lead its legal advocacy program, including its prestigious amicus program. From 2023-24, he was an advisor to the Federal Trade Commission in the Office of Policy Planning. He has testified in Congress and authored an array of articles, and his work has been cited by numerous federal appellate courts and the U.S. Supreme Court. He is associate editor of the International Handbook on Private Enforcement of Competition Law (Edward Elgar, 2010) and co-editor of Private Enforcement of Antitrust Law in the United States (Edward Elgar, 2012).

Multi-Market Balancing in a New Antitrust Paradigm

Randy Stutz writes that the Biden administration has recalibrated antirust policy by devoting more equal enforcement attention to competition in buyers’ markets and sellers’ markets, thereby promoting the welfare of both suppliers and consumers. The shift raises questions about whether courts should engage in “multi-market balancing”—the weighing of harms in one market against benefits in a different market—when the interests of suppliers and consumers diverge.

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