Should Section 5 Guidelines Focus on Economic Efficiency or Consumer Choice?

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Robert Lande, May 13, 2014

Commissioner Wright is right that it would be desirable for the Commission to issue Section 5 antitrust guidelines. This article will demonstrate, however, that the best way to formulate Section 5 guidelines is to focus them on the goal of protecting consumer choice, rather than to embrace Commissioner Wright’s proposal to neuter the FTC Act by confining it in an economic efficiency straightjacket