Russ Pittman, Nov 05, 2007
In antitrust enforcement, in the context of cost-benefit analysis, neoclassical economics may be interpreted as arguing for the use of a total welfare standard whose implementation treats transfers as welfare-neutral. Several recent papers call for antitrust agencies to move in the direction of this version of a total welfare standard for enforcement. However, as Oliver Williamson noted in his 1968 paper, horizontal mergers typically result in transfers that may greatly exceed in magnitude any deadweight loss or efficiency gain, so that a decision to ignore transfers may be quite important. In this paper, I argue that such transfers are likely overall to be quite regressive, and thus that a consumer surplus standard rather than a total welfare standard may be appropriate for antitrust. Two common arguments against this standard that most mergers are in markets for intermediate goods, and that a consumer welfare standard implies a tolerance for monopsony are examined and found wanting. I argue in addition that, even if a total welfare standard is used, both the finance literature on merger outcomes and the structure of the U.S. enforcement agencies suggest that the use of a consumer surplus standard by the agencies is more likely to achieve that goal.
Featured News
DOJ Official Highlights Role of Antitrust and Intellectual Property in Driving US Innovation
Mar 26, 2026 by
CPI
US Judge Dismisses X Lawsuit Alleging Advertising Boycott
Mar 26, 2026 by
CPI
Congress Passes Bill to Unfreeze Billions in Small Business R&D Funding
Mar 26, 2026 by
CPI
EU Charges Major Adult Platforms Over Child Safety Failures Under Digital Services Act
Mar 26, 2026 by
CPI
European Regulators Target Snapchat Over Alleged Safety Failures
Mar 26, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Competitor Collaborations
Mar 26, 2026 by
CPI
Between Scylla and Charybdis – Navigating Transatlantic Antitrust Currents
Mar 26, 2026 by
Tilman Kuhn & Niklas Brüggemann
Cartel Enforcement Moves Into the Labor Market: Trends and Implications
Mar 26, 2026 by
Andreas Kafetzopoulos & Caroline Janssens
Rethinking Buy-Side Antitrust “Group Boycotts”
Mar 26, 2026 by
Craig Falls & Brendan McGuire
Positive Collaborations: The Tools Available to Competition Authorities to Encourage Beneficial Interactions Between Competitors
Mar 26, 2026 by
Rona Bar-Isaac & Thomas Withers