Diana Moss spoke on December 5th at CRA’s annual competition policy conference in Brussels. She joined the panel “Do We Need a Radical Antitrust Answer to Populist Antitrust?” Moss set out four major themes in her remarks: (1) the debate over the consumer welfare standard; (2) the need to migrate from “blue sky” thinking about reforms to tractable policy proposals that are mindful of the constraints imposed by political, enforcement, and judicial realities of the antitrust laws; (3) the implications of alternatives to the current standard and the risks associated with them; and (4) a proposal for thinking about reforms, namely a three-part “standard-presumptions-proof” approach to applying a symmetric consumer welfare standard by considering static and dynamic effects, buttressed by presumptions, and proof of claimed efficiencies.
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