The Twilight of the Technocrats’ Monopoly on Antitrust?
May 24, 2018
The contributions to the Yale Law Journal’s series on the future of antitrust litigation offer necessary correctives to the simplistic theories that have underpinned antitrust law for decades. Challenging the empirically deficient economism that has had an extraordinary influence on antitrust law over the past forty years, some of the leading lights of contemporary antitrust law offer a richer analysis of cutting-edge antitrust issues. These scholars call for legal standards that would help create more competitive markets and offer greater protection to consumers from anticompetitive mergers and business practices. If they are truly friends of American consumers, the federal antitrust agencies and courts would embrace the suggested proposals.