From Antitrust Education Project:

Kudos then to Jeffrey Westling, a fellow at R Street, who nails it in an incisive article explaining exactly what is wrong with Sen. Hawley’s, “The Trust Busting for the 21st Century Act.”

This bill would amend the Sherman Act to exclude the need for defining a given market in specific circumstances, force defendants to show that commercially reasonable alternatives didn’t exist for anti-competitive conduct, and eliminate the Consumer Welfare Standard in favor of protecting economic competitors.

Westling takes care to delineate the careful way the law is currently used by courts to examine a firm’s conduct and the market it serves to determine if an anti-competitive harm has occurred.

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