Antitrust Chronicle® – Theories of Harm

Dear Readers,

This edition of the Chronicle gathers timely contributions, each grappling with a deceptively foundational question: What constitutes “harm” in competition law?

Sean P. Sullivan opens the discussion with a probing analysis of the oft-repeated benchmark of “harm to the competitive process.” He challenges us to recognize that this phrase, while seemingly neutral, conceals a battleground of normative assumptions. Whether harm is framed in terms of consumer prices, rival