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
Carey Bolsters Competition Law Team With New Senior Counsel
Mar 15, 2026 by
CPI
TikTok US Sale Could Deliver $10 Billion Windfall to the United States
Mar 15, 2026 by
CPI
States Press Ahead With Live Nation Antitrust Trial After Federal Settlement
Mar 15, 2026 by
CPI
US Pulls Back Draft Regulation Targeting Global AI Chip Shipments
Mar 15, 2026 by
CPI
Selecta and Bondholders Ask US Court to Dismiss Antitrust Lawsuit Over Creditor Pact
Mar 15, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Behavioral Economics
Feb 22, 2026 by
CPI
Behavioral Antitrust in 2026
Feb 22, 2026 by
Maurice Stucke
Behavioral Economics in Competition Policy: Going Beyond Inertia and Framing Effects
Feb 22, 2026 by
Annemieke Tuinstra & Richard May
Agreeing to Disagree in Antitrust
Feb 22, 2026 by
Jorge Padilla
Recognizing What’s Around the Corner: Merger Control, Capabilities, and the New Nature of Potential Competition
Feb 22, 2026 by
Magdalena Kuyterink & David J. Teece