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The Horizons of Antitrust

Proceedings of the 2016 Lewis Bernstein Memorial Lecture

St. John's Law Review, Forthcoming

23 Pages Posted: 1 Feb 2017  

Richard M. Steuer

Mayer Brown LLP

Date Written: October 19, 2016

Abstract

The goals of antitrust law were the subject of debate in the United States during the 2016 election campaign and thereafter. While consumer welfare and efficiency have become the lodestars of antitrust enforcement, other goals such as fostering jobs, combating inequality, limiting foreign control of domestic assets, containing political power, and preserving small businesses all have attracted renewed interest. This article explores the choices triggered by this debate: Whether and how antitrust enforcement should take these other goals into account; whether the United States should adopt a “net benefits” test in reviewing transactions, similar to the tests already adopted in other countries; which arms of government, such as the antitrust agencies and CFIUS, should have responsibility for implementing these other goals; and how conflicting goals should be prioritized. The article contrasts the law in the United States with approaches taken in other jurisdictions and presents proposals for change.

Keywords: Antitrust, Competition, Trade, Net Benefit, National Interest, CFIUS

JEL Classification: K21, K20, L40, F13

Suggested Citation

Steuer, Richard M., The Horizons of Antitrust (October 19, 2016). Proceedings of the 2016 Lewis Bernstein Memorial Lecture; St. John's Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2908172

Richard Steuer (Contact Author)

Mayer Brown LLP ( email )

1221 Avenue of the Americas
New York, NY 10020-1001
United States

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