Consumer welfare standard
Structuring a Structural Presumption for Merger Review
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...
Race and the Consumer Welfare Standard
The consumer welfare standard employs a collective consumer in its model when evaluating possibly anticompetitive behavior. This aggregated approach fails to recognize that such...
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...
