A Modern Antitrust Paradox? The Consumer Welfare Standard and Recent Proposals

Panel Video

May 14

Robert Bork’s consumer welfare paradigm, which has heavily influenced the evolution of antitrust analysis and enforcement over the past 42 years, is under attack. Critics from both parties assert not only that antitrust has been unable to keep up with developments in the high tech, finance, and communications industries, but also that competition law should be weaponized and used as a tool to address broader concerns such as privacy, inequality, and political viewpoint discrimination. In response, the DOJ and FTC have launched investigations into Amazon, Apple, Facebook, Twitter and Google. Meanwhile, the House Judiciary Committee has launched its own investigation into these companies and are also reviewing whether changes are necessary to existing antitrust laws. It is critical to understand the arguments at the core of the antitrust debate and what is motivating recent proposals. Will Robert Bork’s “consumer welfare” standard survive?

Featuring:

Hon. Maureen K. Ohlhausen

Hon. Joshua D. Wright

Geoffrey A. Manne

Moderator: Ashley Baker