About the Author(s)

Joint Chair in Competition Law, European University Institute

Nicolas Petit is professor of European Union competition law and head of the law department at European University Institute.

Lazar Radic

Senior Scholar, Competition Policy

Lazar is Senior Scholar for Competition Policy at ICLE, and Adjunct Professor of Law at IE University.

Related Research Programs

Antitrust

The Necessity of a Consumer Welfare Standard in Antitrust Analysis

Nicolas Petit & Lazar Radic December 18, 2023

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In a previous article, we refuted four common critiques of the consumer welfare standard (CWS). In this article, we argue that the CWS has key benefits which opponents overlook. Understood as a method rather than a set of goals, the CWS allows enforcers and courts to overcome fact-finding ambiguities inherent in competitive processes. Without the benefit of a consumer welfare standard as a yardstick, alternative frameworks such as “the protection of the competitive process” lack depth, are self-referential and, ultimately, arbitrary.

Read the full piece here.