By introducing a special rule for “two-sided” markets, the Second Circuit needlessly departed from a longstanding approach to antitrust law. Its new rule greatly raises the burden that a plaintiff in the “twosided” market context must carry at the very earliest stage of litigation.
Read MoreBarry C. Lynn, Executive Director of the Open Markets Institute, testified at a Senate Judiciary Committee hearing entitled “The Consumer Welfare Standard in Antitrust: Outdated or a Harbor in a Sea of Doubt?”
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