Antitrust laws should focus on consumer harm from "summary" of The Antitrust Paradox by Robert Bork
The fundamental premise underlying antitrust laws is the protection of competition in the marketplace. The primary concern should be whether a particular business practice harms consumer welfare by restricting competition. This approach ensures that antitrust laws promote economic efficiency and benefit consumers. By focusing on consumer harm, antitrust laws can effectively prevent anti-competitive behavior that may result in higher prices, lower quality products, or reduced innovation. Antitrust laws should not be used to protect individual competitors or promote a particular type of market structure. Instead, the focus should be on ensuring that markets remain competitive and that consumers have access to a variety of choices at fair prices. This approach recognizes that competition is essential for driving innovation, efficiency, and economic growth. When antitrust laws stray from their core purpose of protecting consumer welfare, they can result in unintended consequences. For example, overly aggressive enforcement of antitrust laws can stifle competition and innovation by discouraging businesses from engaging in pro-competitive behavior. This can ultimately harm consumers by limiting their choices and driving up prices.- Antitrust laws can provide clear guidance to businesses and promote a competitive marketplace that benefits consumers. This approach also allows for more consistent and predictable enforcement of antitrust laws, which is essential for promoting economic growth and innovation. Ultimately, the goal of antitrust laws should be to protect competition and ensure that consumers are able to benefit from the advantages of a competitive marketplace.
