This Comment will discuss pertinent background information regarding American antitrust jurisprudence. Second, this Comment will define Big Tech and discuss its rise to a dominant market position in the American economy. Third, this Comment will break down the District of Columbia District Court’s decision in United States v. Microsoft Corp. and will discuss how the courts’ reasoning can establish a new standard of harm to innovation under the consumer welfare standard. Fourth, this Comment will discuss two different situations in which the harm to innovation standard works to espouse antitrust goals. In summation, this Comment will address objections to the proposed harm to innovation standard.
Consumer Welfare of the Future: Harm to Innovation as an Antitrust Injury,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol60/iss1/6