Antitrust as Public Interest Law: Redistribution, Equity, and Social Justice

Published date01 March 2020
DOI10.1177/0003603X19898624
Date01 March 2020
Article
Antitrust as Public Interest
Law: Redistribution, Equity,
and Social Justice
Dina I. Waked*
Abstract
This article proposes the use of antitrust law to reduce poverty and address inequality. It argues that
the antitrust laws are sufficiently malleable to achieve such goals. The current focus of antitrust on the
efficiency-only goals does not only lead to increasing inequality further but is also inconsistent with the
history of antitrust. This history is presented through the lens of the public interest that emerges into
the balance between private property and competition policy. Tracing the public interest at different
historical moments, we get tosee how it has been broad enough to encompass social welfare concerns.
Over time, thepublic interest concern of antitrust was narrowedto exclusively cover consumerwelfare
and its allocativeefficiency. Once we frame antitrust as public interest law, in its broadest sense,we are
empowered to use it to address inequality. A proposal to do so is exposed in this article.
Keywords
antitrust, public interest, history, social welfare, consumer trust
I. Introduction
Antitrust laws are sufficiently malleable to achieve goals far beyond the narrow efficiency-based goals
that have dominated antitrust over the past 60 years.
1
Using antitrust to achieve other than efficiency-
based goals has often been advocated for development purposes, especially for countries in the Global
South.
2
Although developing countries merit a specially tailored antitrust policy that addresses their
special needs of development and poverty eradication, the rise of global inequality “globalizes” the
special status of antitrust in developing countries. Over the past decades, inequality has continued to
rise, and even the economies that saw high levels of growth witnessed rampant income disparity as
*Sciences Po Law School, Paris, France
Corresponding Author:
Dina I. Waked, Associate Professor, Sciences Po Law School, Paris 75007, France.
Email: dina.waked@sciencespo.fr
1. See Dina I. Waked, Antitrust Goals in Developing Countries: Policy Alternatives and Normative Choices,38SEATTLE U. L.
REV. 945 (2015) (for an overview of possible goals to guide antitrust enforcement and competition policy).
2. Id.
The Antitrust Bulletin
2020, Vol. 65(1) 87-101
ªThe Author(s) 2020
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/0003603X19898624
journals.sagepub.com/home/abx

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT