Elettra Bietti (Northeastern University (USA) – School of Law) has posted Egalitarian Antitrust on SSRN. Here is the abstract:
Egalitarian political thought can re-center antitrust law toward its social mission at a time of growing inequality and economic consolidation. Seen through an egalitarian lens, antitrust has social function: to rectify monopolistic excesses, to remove barriers to opportunity, and to structure markets in line with justice and equality.
Drawing on foundational work in political theory, this Article clarifies what antitrust law can contribute to justice, democracy and equality going forward. It addresses current disagreements in the field of antitrust law, such as whether monopoly and affordability concerns should have a prominent place in antitrust or can be trumped by efficiency and pro-business considerations, and what antitrust’s relation to other regulatory and legal domains should be. The Article situates these and other issues within longstanding debates in political theory and highlights the role of democratic institutions and competitive markets as constraints on concentrated political and economic power.
Egalitarian thought suggests three directions for antitrust reform: (a) enhancing the clarity, accessibility and democratic character of antitrust law institutions, opinions and procedures; (b) promoting equitable and egalitarian antitrust interventions in markets that prioritize workers and small businesses; and (c) situating antitrust law within a broader constellation of regulatory tools.