Antitrust and Economic Liberty: A Policy Shift from the Trump Administration?

For the past 40 years, U.S. antitrust law has been understood as a consumer welfare prescription against conduct leading to higher prices, reduced output, and lower quality or innovation.  A growing number of commentators argue, however, that this understanding of antitrust law should expand to include social or political goals to counter the ills of what some have termed a “New Gilded Age.”[1]  Just as the Sherman Act was needed to address the common law’s failure to curb the concentration of economic power resulting from business trusts and predatory practices, a new enforcement regime may be needed to replace … Read more