Consumer Choice as the Ultimate Goal of Antitrust

24 Pages Posted: 1 Oct 2009  

Robert H. Lande

University of Baltimore - School of Law

Date Written: Spring 2001

Abstract

The mission of the antitrust laws need to be clarified, and this article asserts that the best way to do this is to interpret and enforce these laws in terms of consumer choice. This reformulation is necessary due to uncertainty and instability that exists in the field. This article will 1. define the consumer choice approach to antitrust or competition law and show how it differs from other approaches; 2. show that the antitrust statutes and theories of violation embody a concern for optimal levels of consumer choice; 3. show that the antitrust case law embodies a concern for optimal levels of consumer choice; 4. present evidence of the new paradigm: United States v. Microsoft; 5. argue that non-price competition should become a higher priority for antitrust enforcement; 5. Discuss consumer choice and the media.

Keywords: antitrust competition law, consumers, consumer choice, non-price competition

JEL Classification: K21, K19, K39, K49, L40, L49

Suggested Citation

Lande, Robert H., Consumer Choice as the Ultimate Goal of Antitrust (Spring 2001). University of Pittsburgh Law Review, Vol. 62, No. 3, pp. 503-525, Spring 2001; University of Baltimore School of Law Legal Studies Research Paper Series. Available at SSRN: https://ssrn.com/abstract=1478680 or http://dx.doi.org/10.2139/ssrn.1478680

Robert H. Lande (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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