Post-Profit Antitrust

Antitrust analysis generally assumes that firms seek profit, but that assumption does not always hold.

This Feature offers an antitrust framework for analyzing behavior that defies the traditional profit-maximization assumption.

The antitrust system is grappling with behavior involving the same conduct and causing the same harm as traditional antitrust wrongdoing, including:

This Feature introduces “post-profit antitrust”: a comprehensive framework for analyzing non-profit-maximizing behavior in antitrust cases.

Antitrust leans heavily on the assumption that businesses aim to maximize their profits.

Author's summary: Introducing post-profit antitrust framework.

The Yale Law Journal — 2025-11-01