Joshua D. Wright, University Professor of Law, George Mason University Scalia School of Law
Corbin K. Barthold, Internet Policy Counsel and Director of Appellate Litigation, TechFreedom
Antitrust “reformers” insist that big corporations’ abuse of power and the accompanying societal ills compel abandonment of the consumer-welfare standard in favor of a vague structuralist test. But as our panelists will explain, history and economic theory dictate that deep-pocketed, well-connected special interests can and will exploit the increased discretion a pliable standard affords regulators. Such an outcome, they will contend, will serve neither consumers nor other intended beneficiaries of a Neo-Brandeisian approach to antitrust.