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The Consumer Welfare Standard Under Attack

Mon, May 27, 2024 1:27 AM – 1:27 AM EDT

May 22, 2021 @ 12:00 pm 1:00 pm EDT


The Consumer Welfare Standard (CWS) has been the lodestar of antitrust analysis for the past several decades.

The consumer welfare standard continues to protect American consumers and American innovation while also helping competition in digital markets grow even stronger. Business practices that benefit consumers are usually lawful while practices that hurt them aren’t.

This consumer-focused framework prevents private parties and the government from misusing antitrust law to advance special interests.

But in recent years though, the CWS has increasingly come under attack from the left and the right. Why? What impact would changing it have on everyday Americans? What can we do to protect it?

And just why is protecting the CWS critical to American consumers and how would eliminating it affect their wallets and cost of living?

Our super special guests:

  • Robert Bork Jr of the Bork Foundation
  • Judge Douglas Ginsburg of the US Court of Appeals, DC Circuit