Bench Memos

NRO’s home for judicial news and analysis.

Anti-trust & Consumers


Senator Kohl just now – and others recently – ironically criticizes the Court’s conservatives for failing to use the antitrust laws to protect consumers.  But, thanks to Robert Bork’s pathbreaking work, it is precisely conservatives who have made “consumer welfare” the focus of the Court’s current antitrust jurisprudence.  Before that, Bork pointed out, the Court’s liberals used “folk economics” to protect this or that business from (pro-consumer) competition.


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