Consumer welfare standard
Locating Competitive Process Claims in the Consumer Welfare Debate
Debates about the consumer welfare standard have failed to produce a consensus around either its scope or an alternative standard. Regardless of the outcome...
The Life of Antitrust’s Consumer Welfare Model
“Consumer welfare” as an objective of antitrust law and regulation has its origins in several vague and even conflicting ideas of how to evaluate...
The Reasonable Competitive Conduct Standard for Antitrust
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...
How the Consumer Welfare Standard Propagates Gender and Racial Inequalities
Using the 2019 BB&T-SunTrust merger as a case study, Laura Beltrán argues that contemporary antitrust policy, based on the Consumer Welfare Standard, fails to...
The Ten Most-Popular ProMarket Articles from 2022
From critiques of the Consumer Welfare Standard to discussions about inflation, here are the ten most popular ProMarket articles from 2022.
10. Einer Elhauge: Should...
Event Notes: The Consumer Welfare Standard Is Dead, Long Live the Standard
It seems that the only thing academics and policymakers can agree about regarding the Consumer Welfare Standard is that it needs reforming. On April...
The Corruption of Consumer Welfare
The consumer welfare standard is used in modern antitrust enforcement to evaluate a merger between two firms. However, its original definition was corrupted in...
The “Conspiracy” of Consumer Welfare Theory
Matt Stoller argues there was a conspiracy. It was more of an association with a singular purpose.
In April, Matt Stoller argued that a 1980...
Q&A With FTC Chair Lina Khan: “The Word ‘Efficiency’ Doesn’t Appear Anywhere in the Antitrust Statutes”
FTC Chair Lina Khan sat down with Guy Rolnik to discuss changes in governmental posture toward antitrust enforcement, her goals as head of the...
Should The Competitive Process Test Replace The Consumer Welfare Standard?
Jonathan Kanter, Assistant Attorney General for the Department of Justice Antitrust Division, recently gave a speech condemning the use of the consumer welfare standard...
