Fairness and Antitrust Reconsidered: An Evolutionary Perspective
42 Pages Posted: 1 Oct 2013 Last revised: 12 Sep 2014
Date Written: September 30, 2013
Abstract
This Article reconsiders the antitrust fairness-versus-welfare debate from an evolutionary perspective. It discusses the various arguments against applying fairness norms in antitrust cases and then sets forth the arguments for reincorporating fairness norms into antitrust analyses. Building upon the evolutionary analyses in previous papers, and the growing "enthusiasm or approaches that try to link our morality to our evolutionary biology," This article recommends that courts and antitrust regulators apply an evolutionary analysis instead of the static economic consumer and total welfare norms in vogue today. The new focus would be on fairness norms, intent, and competitive harm.
Keywords: Antitrust, Fairness, Evolutionary Analysis
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