Whither “Neo-Brandeisian” Antitrust Enforcement: A Candid Conversation with Jonathan Kanter
FedSoc Forums
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The Root of Consumer Welfare From Judge Bork
The root of consumer welfare from Judge Bork came from his review of the legislative history. He went very deep into the legislative history, which is a mechanism of jurisprudence that I was sort of surprised to see as opposed to looking at the language of the statute. Now, it becomes the process was supposed to be simple, right? And the rules were supposed to be bright and clear. But as you know, antitrust practice has become anything but It's become extraordinarily complex and technocratic," he says.
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