Potential Competition: A “Never Embraced” Antitrust Theory’s Standing through 60 Years of Jurisprudence

Click here to read the full article online

Antitrust has taken a prominent position in the present-day American political landscape. In the last several years, the United States has seen increasing concentration in some of its largest markets, and the resulting symptoms thereof. Particularly evident in big tech, consumers have observed aggressive acquisition tactics, carelessness—if not maliciousness— with data collection practices, and arguable attacks on free speech through corporate censorship. As one response, scholars on the progressive edge of antitrust, or “hipster” edge according to some, have suggested that traditional price effects analysis is no longer wholly sufficient to prevent consumer harm and should be expanded to include more exotic price derivatives like consumer date.