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
Amazon Loses Bid to Delay FTC Antitrust Trial as California Case Looms
Oct 11, 2026 by
CPI
Nvidia Weighs Buying Reflection AI
Oct 11, 2026 by
CPI
UK Weighs Macquarie Remedy for Energy Assets Deal
Oct 11, 2026 by
CPI
UniCredit’s Commerzbank Deal Faces EU Scrutiny
Oct 11, 2026 by
CPI
US Justice Department Probes TV Networks Over White House Coverage Halt
Oct 11, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – National Security
Sep 22, 2026 by
CPI
National Security in U.S. Antitrust Enforcement: Toward a More Disciplined Framework
Sep 22, 2026 by
Rod Rosenstein & Timothy Finley
The Department of War’s M&A Review Guidance: What Companies in the Defense Industry Need to Know
Sep 22, 2026 by
Eric Stocking & Paul Ney
National Security, Resilience and the Boundaries of Merger Control
Sep 22, 2026 by
Beatriz Marques
National Security and Competition: Building Resilient Telecommunications Networks
Sep 22, 2026 by
Roslyn Layton