The ‘Protection of the Competitive Process’ Standard

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.”