Today’s post by BC Law professor and associate dean for academic affairs Daniel Lyons originally appeared on the American Enterprise Institute (AEI) AEIdeas blog. You can view the post here.
By Daniel Lyons
For almost three decades, President Joe Biden has built an image as a champion of everyday Americans. So it’s surprising to see his antitrust policy increasingly place companies, not consumers, at the center of its agenda. This shift is on full display in next month’s United States v. Google trial, which challenges Google’s position as the default search engine for smartphones and browsers. Two pretrial motions present an interesting question: If the defendant’s conduct improves the consumer’s experience, how should this factor into the court’s analysis of whether the conduct is anticompetitive?
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