Antitrust
The consumer welfare standard, which maximizes consumer benefits instead of protecting individual competitors in the market, has been the north star of antitrust policy for over four decades. Antitrust law under the consumer welfare standard is primarily focused benefiting consumers and strengthening the competitive process, not to protect companies from being outperformed by other firms. This objective, rule-of-law approach has protected American innovation and brought consistency to antitrust enforcement.
The left – and unfortunately some on the right – want to nullify the consumer welfare standard in favor of a more activist, interventionist approach to antitrust enforcement. Their ultimate goal is to use antitrust law to address unrelated social goals and “break up” big companies. Overzealous regulators would target large companies no matter how much they improve American lives or compete fairly with other firms. This would have a chilling effect on free enterprise, crush American innovation, and give activist bureaucrats license to fundamentally reshape the American economy. OCC opposes any and all efforts to weaken or overturn the consumer welfare standard, and stands firm against attempts to use antitrust law to reshape the economy.
We will also oppose proposals such as aggressive merger prohibitions, inverting the burden of proof, allowing collusion and antitrust exemptions for politically favored firms, and politicizing antitrust enforcement decision-making more generally. Arbitrary or overly broad antitrust enforcement will impede economic recovery and risks job losses—something we should not exacerbate as the nation recovers from economic hardships and adapts to evolving market dynamics and changing consumer needs resulting from the global pandemic.
Antitrust
Chaotic Markup Shows Klobuchar Antitrust Bill is Nowhere Near Ready For The Senate Floor
In a 16-6 vote Thursday, the Senate Judiciary Committee advanced S. 2992, the “American Choice and Innovation Online Act.” While Democrats and the media are painting this as a major step forward for the legislation, in reality the markup showed that S. 2992 is nowhere close to being ready for…
Antitrust
In One Tweet, Elizabeth Warren Exposes the Left’s Crackpot Antitrust Crusade
In a bizarre tweet this week, Sen. Elizabeth Warren (D-Mass.) called for a round of antitrust action against grocery stores, showing that the left’s antitrust crusade goes far beyond technology companies. Warren tweeted: “What happens when only a handful of giant grocery store chains like @Kroger dominate an industry? They can…
Antitrust
New Klobuchar Bill Would Kill M+A Activity
By: Tom Hebert Sen. Amy Klobuchar (D-Minn.) has introduced the “Platform Competition and Opportunity Act,” a bill that would prevent a handful of targeted companies from making any new acquisitions of smaller companies. This bill is companion legislation to H.R. 3826, sponsored by Rep. Hakeem Jeffries (D-N.Y.). Photo Credit:…
Antitrust
Sen. Klobuchar’s “Antitrust” Bill is A Trojan Horse for Big Government
By: Tom Hebert Sen. Amy Klobuchar (D-Minn.) has introduced the “American Innovation and Choice Online Act,” companion legislation to Rep. David Cicilline’s (D-R.I.) House version. Several Senate Republicans, motivated by concerns over Big Tech censorship of conservatives, have cosponsored the Klobuchar bill. Photo Credit: Lorie Shaull from St Paul,…
Antitrust
Coalition Urges Senate Republicans to Reject Democrat Antitrust Trap
Americans for Tax Reform and a coalition of 30 conservative and free market groups and activists wrote a letter in opposition to the Senate Democrat plans to pass a package of European-style antitrust regulations. Even though the left labels this effort as “antitrust reform,” these bills are hardly antitrust bills.
Antitrust
Senate Republicans Should Reject Jonathan Kanter
By: Tom Hebert and Joseph Murgida Today, the Senate Judiciary Committee is holding a confirmation hearing on Jonathan Kanter’s nomination to lead the DOJ antitrust division. If approved, Kanter’s nomination would seal a major victory for the left in their crusade to upend American antitrust law. Kanter has railed against…
Antitrust
Top FTC Aide Confirms The Left’s Antitrust Crusade Goes Beyond Big Tech
By: Tom Hebert A top aide to Federal Trade Commissioner Lina Khan has confirmed the obvious – no industry is safe from the left’s antitrust crusade. In a May interview with The Marker, FTC attorney adviser Shaoul Sussman says that Congress has made its mind up when it comes to breaking up…
Antitrust
OCC, ATRF Submit Comments to CMA on Facebook/Giphy Merger
Americans for Tax Reform Foundation International Advocacy Manager Andreas Hellmann and Open Competition Center Executive Director Tom Hebert recently submitted comments to the United Kingdom’s Competition and Market Authority (CMA) calling on them to stop weaponizing their investigation into the Facebook-Giphy merger. This investigation is another unfortunate development in a…
Antitrust
Far-Left Rep. Jayapal Forecasts Harmful Senate Antitrust Agenda
By: Tom Hebert In an interview last week, far-left Rep. Pramila Jayapal (D-Wash.) forecasted possible Senate antitrust companion legislation to the Cicilline antitrust package that was drafted with little input from rank-and-file Republican members. The left’s antitrust agenda would vastly empower unelected Biden bureaucrats and screw up the goods and services…
Antitrust
Khan Promises FTC Bipartisanship, But Her Record Proves Otherwise
By: Joseph Murgida Last week, the House Energy and Commerce Committee had its first opportunity to ask newly-anointed FTC Chair Lina Khan questions regarding her plan for running the FTC. Congressman Gus Bilirakis (R-FL) questioned, if Khan would “commit to [run the FTC] in a bipartisan fashion where you will…