Mark Whitener releases policy paper: “The Future of Antitrust: Ideology, Alternative Facts, and the Rule of Law”

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The future of everything seems to be up for grabs, and antitrust is no exception. Like other aspects of society, antitrust has become somewhat disoriented, searching for solid ground while the landscape shifts. The basic consensus about antitrust fundamentals that formed over the past half-century, centered on economic analysis and the consumer welfare standard, is being challenged by critics who variously urge that antitrust be modernized to deal with new issues or returned to what they argue are its historical roots. Antitrust is offered as a means to address broad economic, political, and social concerns.

Senior Industry and Innovation Fellow Mark Whitener‘s recent policy paper “The Future of Antitrust: Ideology, Alternative Facts, and the Rule of Law ” was recently published in the American Bar Association’s Antitrust, Vol 35, No 2 (Spring 2021).