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The Big Problem with Big Tech

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The consumer welfare standard was a radical idea when it was first proposed by Judge Robert Bork in the 1970s. Beforehand, when reviewing mergers and acquisitions under antitrust law, judges typically considered an array of factors, such as impact on small businesses and effect on income distribution. In contrast, under

Table of Contents The consumer welfare standard was a radical idea when it was first proposed by Judge Robert Bork in the 1970s. Beforehand, when reviewing mergers and acquisitions under antitrust law, judges typically considered an array of factors, such as impact on small businesses and effect on income distribution. In contrast, under the consumer welfare standard, judges refrain from taking actions against mergers of mega-corporations so long as the merger would benefit consumers through lower prices and better services. A brainchild of legal conservatism, CWS’s rise coincides with the Rea

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