Privateness Now Looms Giant In Antitrust Enforcement

By Michael Scarborough, David Garcia and Kevin Costello (Sep 17, 2021 5:06 p.m. EDT) – If until recently you’ve asked an antitrust attorney what privacy has to do with their practice, there is a good chance you will getting a blank look or “not much” back.

For decades, American antitrust law was dominated by the Chicago School, which, as Robert Bork explains in his 1978 book “The Antitrust Paradox: A Policy at War with Itself,” placed consumer welfare as the primary – if not exclusive – goal of antitrust law.[1]

Under the consumer protection standard, antitrust law has achieved what Tim Wu calls in “The Curse of Bigness, Antitrust in the New Gilded Age” …

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