Should Section 5 Guidelines Focus on Economic Efficiency or Consumer Choice?

Competition Policy International, Vol. 5, No. 1, pp. 1-11, May 2014

University of Baltimore School of Law Legal Studies Research Paper No. 2015-08

12 Pages Posted: 18 May 2014 Last revised: 16 Dec 2015

See all articles by Robert H. Lande

Robert H. Lande

University of Baltimore - School of Law

Date Written: 2014

Abstract

FTC Commissioner Joshua Wright is right that it would be desirable for the Commission to issue Section 5 antitrust guidelines. This article will demonstrate, however, that the best way to formulate Section 5 guidelines is to focus them on the goal of protecting consumer choice, rather than to embrace Commissioner Wright's proposal to neuter the FTC Act by confining it in an economic efficiency straitjacket. Only if Section 5 guidelines were formulated appropriately would they improve consumer welfare during the Commission's second century.

Keywords: FTC Act, antitrust guidelines, FTC guidelines, Section 5, Section 5 guidelines, Federal Trade Commission, FTC, consumer choice, economic efficiency

JEL Classification: K21, K29, K19, K39, K49, L44, L49

Suggested Citation

Lande, Robert H., Should Section 5 Guidelines Focus on Economic Efficiency or Consumer Choice? (2014). Competition Policy International, Vol. 5, No. 1, pp. 1-11, May 2014, University of Baltimore School of Law Legal Studies Research Paper No. 2015-08, Available at SSRN: https://ssrn.com/abstract=2437966

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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