Below, we have provided the full transcript of the interview with Prof. Daniel Sokol, Professor of Law and Business at USC Gould School of Law, recorded on August 17, 2021.
This interview was done as part of the Antitrust Brainstorming Board created by CPI with the support of the CCIA.
Thank you, Prof. Sokol, for sharing your time for this interview with CPI.
A video of the complete interview is available HERE.
Do you think the current antitrust framework works for consumers?
If by the current framework, we mean a system that’s based on economic analysis, empirics, really taking very case-specific information and essentially processing it in a way that judges can understand and rule on with the singular goal, that works. In that system, do we have areas that need to change? Always. Are there some areas where we should be pushing to make sure we have greater enforcement? Of course, but this has been long-standing in antitrust and for generations courts have accepted that antitrust works very much like common law, that over time you shift the analysis and you do so in a way that makes sense, but to make sure that we all understand how this has been very much a broad non-ideological way of looking at it, probably the best formulation of what antitrust does well and frankly, development of the rule of reason was done more than any other justice by John Paul Stevens.
The most important case procedurally, I think, in the last 50 years was a 9-0 decision authore…