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 profit assumption.
Antitrust leans heavily on the assumption that businesses aim to maximize their profits.
However, the antitrust system is grappling with behavior that involves the same conduct and causes the same harm as traditional antitrust wrongdoing, including sustainability-driven coordination and online-safety boycotts.
This Feature introduces “post-profit antitrust”, a framework that allows plaintiffs to allege and prove, and courts to analyze, non-profit-maximizing behavior in antitrust cases.
Author's summary: Rethinking antitrust analysis beyond profit maximization.
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