Analysis

The Consumer Welfare Standard, 40 Years Old & Under Fire

By Bryan Koenig (January 25, 2019, 6:51 PM EST) -- Should a challenge to a merger or anti-competitive conduct be about more than just the end impact on consumers and the prices they pay?

The debate among government officials and academics over the so-called "consumer welfare standard" and whether it's time to broaden what factors are considered has intensified in recent years. One surprising forum for that question is an ongoing series of public hearings on the state of antitrust enforcement being conducted by the Republican-controlled Federal Trade Commission, which has welcomed the intense debate on the standard — an unexpected move for regulators appointed by a GOP administration.

Left-leaning antitrust...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!