Responses to Unlocking Antitrust Enforcement
Lina Khan, Sandeep Vaheesan, and Aaron Edlin respond to Unlocking Antitrust Enforcement.
While Unlocking Antitrust Enforcement offers solutions to our market power problem, Lina Khan highlights the absence of a discussion of what philosophy should guide antitrust law and enforcement. Addressing America’s market power problem also requires recognizing its ideological roots.
Sandeep Vaheesan contends that Unlocking Antitrust Enforcement is disappointingly modest in scope. Antitrust law is and will be political, and consumer welfare should not be privileged; it is inconsistent with congressional intent and embodies an incomplete understanding of corporate power.
Predatory Pricing: Limiting Brooke Groupe to Monopolies and Sound Implementation of Price-Cost Comparison
Responding to C. Scott Hemphill and Philip Weiser’s feature on Brooke Group predatory pricing, Edlin argues that in monopoly cases the greatest competitive danger likely results from above-cost pricing and that the Brooke Group safe harbor for above-cost pricing should not extend to monopolies.