Last month, AAI Special Counsel Sandeep Vaheesan published an article in the Nebraska Law Review, The Evolving Populisms of Antitrust, 93 Neb. L. Rev. 370 (2014), on the history of U.S. antitrust law. It describes how the Supreme Court, in interpreting the antitrust laws since the enactment of the Sherman Act, has expressed populist goals—for example, the protection of small businesses or consumers from the power of large corporations—and established economically-informed rules toward these ends. Since the 1970s, the Court has held that the antitrust laws are principally intended to protect consumers. While some commentators have contended that antitrust should promote “economic efficiency,” the article presents legal and policy reasons for why antitrust law should remain committed to consumer protection.
The article is reprinted with permission from the Nebraska Law Review.