Hipster Antitrust: New Bottles, Same Old W(h)ine?

Abstract

Although the debate over hipster antitrust is often portrayed as something new, experienced observers recognize it as a replay of an old argument that was resolved by the global consensus that antitrust should focus on consumer welfare rather than on the size of firms, the levels of industry concentration, and other considerations. Moreover, the history of the Federal Trade Commission’s Section 5 authority to prevent unfair methods of competition stands as a reminder of the dangers of allowing enforcement policy to be guided by vague and uncertain standards.

Keywords: Competition law & policy, law & economics, legal history, movement antitrust, consumer welfare standard, Sherman Antitrust Act, market power, Federal Trade Commission, FTC

JEL Classification: B21, K21, L40