In short, if we have learned anything from the competing antitrust approaches of the Biden administration, it appears that an expanded consumer welfare standard, incorporating non-priced harms, is likely to win out. Neo-Brandeisian critiques may be more theoretically exciting for some antitrust advocates, and perhaps have helped to raise public awareness. The FTC has also taken meaningful action in other areas, such as recently banning noncompete agreements. But the DOJ’s enhanced consume...
