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Strengthening Antitrust Enforcement within The Consumer Welfare Rubric

BY | November 7, 2019

Among the many who agree that the antitrust laws are underenforced, some see the consumer welfare standard as fundamentally flawed and say it should be abandoned. While I share their…

Among the many who agree that the antitrust laws are underenforced, some see the consumer welfare standard as fundamentally flawed and say it should be abandoned. While I share their concerns about the enormous power of the largest digital platforms, I argue that the consumer welfare standard is capable of a broader reach than is often assumed. It can reach effects on non-consumers, including even competitors; and it can also take into account nonprice effects. Antitrust enforcement has fallen s

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