Tag: Consumer Welfare
Online Choice Architecture: The Good, the Bad, and the Complicated
Online choice architecture (“OCA”) encompasses the set of design features that impact choice in digital environments. From default settings and notifications to personalization and...
State Enforcement: Less Theory, more Delivering for Constituents
Antitrust practice is in an incredibly dynamic moment with significant debates centered on the direction jurisprudence and enforcement should proceed. These debates pose important...
Consumer Expectations and Fair Contracting for Digital products
The formation of consumer expectations for digital products affects competition between digital platforms that offer competing products. Unfair competition may occur if the competitive...
Antitrust Chronicle® – Intermediaries
Dear Readers,
In antitrust policy discourse (particularly, but not exclusively, concerning the digital economy), there is often a background assumption that intermediaries impose a consumer...
What Have the Intermediaries Ever Done for Us?
Intermediaries may not be the consumer welfare hero we want, but more often than not, they are one that we need. Policymakers often assume...
The Slogans and Goals of Antitrust Law
By Herbert Hovenkamp (University of Pennsylvania)
This is a comparative and historical examination of the slogans and goals most advocated for antitrust law today –...
Should The Competitive Process Test Replace The Consumer Welfare Standard?
By: Einer Elhauge (ProMarket)
The head of the Department of Justice’s Antitrust Division, Jonathan Kanter, made a recent speech adopting the Neo-Brandiesian position that in antitrust cases...
A Theory of Antitrust Limits
By Nicolas Petit (European University Institute)
Antitrust doctrine is under heavy fire in the academic literature. Modern criticism of antitrust doctrine attacks three ‘limits’ that...
Big Data Protection: Big Problem?
Considerable debate exists as to the interaction of antitrust and privacy law. This nuanced debate encompasses many difficult questions: when is there a strong...
Revisiting Antitrust Institutions: The Case for Guidelines to Recalibrate the FTC’s...
By Joshua D. Wright (George Mason University)
The absence of guidelines identifying the boundaries of the Federal Trade Commission’s authority to prosecute unfair methods of...
