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The Dominance of the Consumer Welfare Criterion in Antitrust Enforcement: An Empirical Analysis of UK and EC

BY | December 15, 2023

We empirically investigate the criterion used by the Competition and Markets Authority (“UK”) in reaching infringement antitrust decisions from 2000 to 2020. We compare our findings for CMA to our…

We empirically investigate the criterion used by the Competition and Markets Authority (“UK”) in reaching infringement antitrust decisions from 2000 to 2020. We compare our findings for CMA to our findings about the criterion used by DG COMP in 7 of the most important hi-tech antitrust decisions in recent years. We find that the Consumer Welfare criterion is clearly the dominant choice, with the alternative criterion appearing very scarcely. This is even more the case for CMA than for DG COM

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