ABA Spring Meeting 2021 Course Materials
7 Pages Posted: 1 Apr 2021
Date Written: March 24, 2021
This paper was prepared for the ABA Spring Meeting 2021 session on the consumer welfare standard entitled 'Whither (or Wither) the Consumer Welfare Standard?.' This paper argues for a dynamic approach to antitrust, suggesting that current antitrust policy must adapt to the current context of extreme imbalances of power. The paper proposes an "excess power" standard to replace the consumer welfare standard and anticipates some of the likely objections.
Keywords: antitrust, competition policy,
Suggested Citation: Suggested Citation