AAI’s Moss Discusses Current State of Play in Antitrust at Federalist Society’s Antitrust Paradox Conference

The Federalist Soceity’s conference on the antitrust paradox addressed various topics in antitrust policy and enforcement. The conference was introduced with the following description:

“In recent years, a new populist movement in antitrust law has been labeled “hipster antitrust,” and its proponents include prominent members of Congress including Senators Bernie Sanders and Elizabeth Warren. These would-be antitrust revolutionaries oppose using the consumer welfare standard of Judge Bork as the sole policy interest of antitrust law, and instead argue that antitrust law should be used to solve a myriad of far-reaching issues such as income inequality, redistribution of wealth, and political power. Proponents further contend that an overhaul of antitrust law could be used to curb the power and influence of vast companies such as Amazon, Facebook, and Google. Are such companies truly becoming too expansive and powerful? Is an overhaul of antitrust law, or revisiting the consumer welfare standard, a necessary or even desirable step in response to such powerful companies?”