The 'Protection of the Competitive Process' Standard

5 Pages Posted: 16 Nov 2018 Last revised: 20 Jan 2019

See all articles by Tim Wu

Tim Wu

Columbia University - Law School

Date Written: November 1, 2018

Abstract

The antitrust law should return to a standard more realistic and suited to the legal system — the “protection of the competitive process.” It posits a basic question for law enforcement and judges. Given complained-of conduct, is that conduct actually part of the competitive process, or is it a sufficient deviation as to be unlawful? In this view, antitrust law aims to create a body of common-law rules that punish and therefore deter such disruptions — hence “protecting the competitive process.”

Suggested Citation

Wu, Tim, The 'Protection of the Competitive Process' Standard (November 1, 2018). Columbia Public Law Research Paper No. 14-612. Available at SSRN: https://ssrn.com/abstract=3276896 or http://dx.doi.org/10.2139/ssrn.3276896

Tim Wu (Contact Author)

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

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