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A New View of Antitrust Law That Favors Workers

By  |  May 14, 2018

Posted by Bloomberg

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    A New View of Antitrust Law That Favors Workers

    By Cass R. Sunstein

    In the last half-century, the most innovative work in antitrust law came from the University of Chicago. According to the Chicago School, led by the legendary economist Aaron Director and promoted by law professor Robert Bork, the goal of antitrust law should be to increase consumer welfare, not to combat bigness as such.

    Chicago School proponents often argued in favor of government restraint. In their view, uses of the antitrust law to prevent mergers, or to break up large companies, often do more harm than good. Their arguments have had a major influence on both regulators and courts, frequently promoting a “hands off” attitude in the face of growing concentrations of economic power.

    Members of the Chicago School have rarely focused on the welfare of workers. Nor have they explored the possibility that big companies (like Apple or Google) might use their market power to hurt employees.

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