Document Type
Working Paper
Publication Date
2018
Abstract
The antitrust law should return to a standard more realistic and suited to the legal system – the “protection of the competitive process.” It posits a basic question for law enforcement and judges. Given complained-of conduct, is that conduct actually part of the competitive process, or is it a sufficient deviation as to be unlawful? In this view, antitrust law aims to create a body of common-law rules that punish and therefore deter such disruptions – hence “protecting the competitive process.”
Disciplines
Antitrust and Trade Regulation | Law
Recommended Citation
Tim Wu,
The “Protection of the Competitive Process” Standard,
Columbia Public Law Research Paper No. 14-612
(2018).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/2290
