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The ‘Protection of the Competitive Process’ Standard

 |  November 19, 2018

Posted by Social Science Research Network

The ‘Protection of the Competitive Process’ Standard

By Tim Wu (Columbia University)

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.”