Consumer Welfare A 'Catchphrase,' DOJ Antitrust Chief Says

By Bryan Koenig (May 19, 2022, 9:24 PM EDT) -- U.S. Department of Justice antitrust chief Jonathan Kanter delivered his sharpest critique to date of the dominant standard enforcers and courts use to assess the competitive impact of mergers and of marketplace conduct, assailing the consumer welfare standard as full of blind spots and too focused on wealth rather than "economic liberty."

Kanter, the assistant attorney general in charge of the DOJ's Antitrust Division, has previously critiqued the consumer welfare standard — which for 40 years has placed the emphasis principally on whether conduct and transactions increase prices — for the different interpretations it engenders. But he took that criticism a...

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