Einer Elhauge Profile picture
Harvard Law Professor, antitrust economist, and scholar focused on antitrust, contracts, health law policy, and public law.
May 24, 2022 19 tweets 4 min read
While the way court have applied the consumer welfare standard has led to underenforcement, DOJ Antitrust Head Kanter’s proposal to replace it with a “competition and the competitive process” test raises concerns discussed in my new piece. A thread: 1/18 promarket.org/2022/05/24/sho… Kanter is right that antitrust law protects “competition and the competitive process”. But the consumer welfare standard was never an alternative to that legal test. It was only a method to resolve deep ambiguities about what “competition and the competitive process” meant.2/18