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Trump Administration To Reinstate Consumer Welfare Standard In Antitrust

Federal Trade Commission seal is seen in Washington

The nomination of Slater for Assistant Attorney General of the Antitrust Division has sparked discussions about the future of antitrust enforcement in the United States. With a background that includes work in the Trump 45 administration, the Federal Trade Commission, and the private sector, Slater is expected to bring a broad and deep understanding of antitrust issues to the role.

If confirmed, Slater and FTC Chairman Andrew Ferguson are expected to advocate for a return to the Consumer Welfare Standard (CWS), which has been a guiding principle in antitrust law since the Supreme Court's 1979 Reiter v. Sonotone opinion. The CWS, as outlined in Professor Robert Bork's book 'The Antitrust Paradox,' emphasizes that competition benefits consumers by lowering prices, increasing output, improving customer service, and fostering innovation.

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