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Antitrust and Competition

Structuring a Structural Presumption for Merger Review

Filippo Lancieri
The consumer welfare standard can’t be saved with more theory. The problem is how it works in practice, and solving that means changing the...
Antitrust and Competition

Race and the Consumer Welfare Standard

Bennett Capers
The consumer welfare standard employs a collective consumer in its model when evaluating possibly anticompetitive behavior. This aggregated approach fails to recognize that such...
Antitrust and Competition

Today’s Tax Code Empowers Monopolistic Corporations. It Has Been and Can Be Different

Niko Lusiani
Niko Lusiani and Susan Holmberg write that the United States should tax profitable corporations not just to raise revenue and redistribute unequal gains but...
Antitrust and Competition

The Effective Competitive Constraint Standard

Stavros Makris
The consumer welfare standard, which broadly considers higher output and lower prices as its primary goals, is not well equipped to monitor the numerous...
Antitrust and Competition

Locating Competitive Process Claims in the Consumer Welfare Debate

Andrew I. Gavil
Debates about the consumer welfare standard have failed to produce a consensus around either its scope or an alternative standard. Regardless of the outcome...
Antitrust and Competition

The Life of Antitrust’s Consumer Welfare Model

Herbert Hovenkamp
“Consumer welfare” as an objective of antitrust law and regulation has its origins in several vague and even conflicting ideas of how to evaluate...
Commentary

Corporate Political Responsibility in a Captured Economy

Claudine Schneider
Most attention on corporate governance has focused on businesses’ social responsibility. Claudine Schneider and Ed Dolan write that businesses need to take into account...
Book Excerpts

How Financial Experts Convince You That They’re the Experts

Alex Preda
In The Spectacle of Expertise: Why Financial Analysts Perform in the Media, Alex Preda explores how financial analysts produce their advice and convince audiences...
Antitrust and Competition

Meta-Within Should Be Viewed in the Context of Meta’s Broader Efforts To Monopolize Social Networking

Brandon Nye
A California court recently denied the FTC’s motion to block the Meta-Within merger. Brandon Nye writes that the FTC could have expanded its argument...
Antitrust and Competition

Toward a Market Power Standard for Merger Review

Eric A. Posner
The Stigler Center’s 2023 Antitrust and Competition conference seeks to answer the question: what lays beyond the consumer welfare standard? In advance of the...
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