antitrust and competition

Race and the Consumer Welfare Standard

The consumer welfare standard employs a collective consumer in its model when evaluating possibly anticompetitive behavior. This aggregated approach fails to recognize that such...

Today’s Tax Code Empowers Monopolistic Corporations. It Has Been and Can Be Different

Niko Lusiani and Susan Holmberg write that the United States should tax profitable corporations not just to raise revenue and redistribute unequal gains but...

The Effective Competitive Constraint Standard

The consumer welfare standard, which broadly considers higher output and lower prices as its primary goals, is not well equipped to monitor the numerous...

Locating Competitive Process Claims in the Consumer Welfare Debate

Debates about the consumer welfare standard have failed to produce a consensus around either its scope or an alternative standard. Regardless of the outcome...

The Life of Antitrust’s Consumer Welfare Model

“Consumer welfare” as an objective of antitrust law and regulation has its origins in several vague and even conflicting ideas of how to evaluate...

Meta-Within Should Be Viewed in the Context of Meta’s Broader Efforts To Monopolize Social Networking

A California court recently denied the FTC’s motion to block the Meta-Within merger. Brandon Nye writes that the FTC could have expanded its argument...

Antitrust Needs Better Models for Estimating Social Welfare in the Digital Age

In a forthcoming article, Seth Benzell and Felix Chang explore how antitrust regulators can use insights from a new quantitative model of Facebook that...

Data, Context and Competition Policy

Data has a tendency to be misunderstood. It is often compared to a raw material like oil, waste, or capital. Elettra Bietti argues that...

The DOJ’s AdTech Suit Against Google Is Anything but Unconventional

The U.S. Department of Justice and eight states recently sued Google, claiming it runs its digital ad business to unfairly advantage its own business,...

Why the Antitrust Agencies Should Consider Prior Bad Acts in Merger Review

As the federal antitrust agencies consider revising the merger guidelines, they should add consideration of the merging parties’ previous bad acts, write Michael A....

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