Page 19 - South China Business Journal
P. 19
ther, antitrust law doesn’t hold a bias against However, some want to privilege complaints over
any claim. Business decisions that impact price justifications under the law, upending the level-
in the market, terms embedded in contracts that playing field all arguments enjoy under the law.
potentially shape market outcomes, or concerns Upsetting this balance would complicate the law
levied over harm to innovation are all routinely immensely, resulting in companies of all shapes and
made under the law. sizes, and across all sectors, to have to second guess
The law welcomes all claims, allowing arguments their business decisions – thus chilling economic
from all sides. Complaints from competitors are activity.
levied against a defense of the conduct, and as As this Congress winds down and a new Congress
is the case in all legal proceeding, the burden begins, it is important to ask how legislative
is rightfully on the accuser to provide enough proposals will disrupt these three simple yet
evidence to support its case. After the arguments effective aspects that are core tenants to our antitrust
have been heard and the evidence weighed, the laws. We need the law to remain applicable to all
better argument prevails. This approach is often economic actors, focused on consumer welfare as
referred to as the “rule of reason” — a balanced a limiting principle, and open to the rule of reason
approach made possible because antitrust hears all to hear all arguments and weigh the complaints of
arguments, both complaints against conduct and harm up against all pro-competitive justifications.
justifications for that conduct.
any claim. Business decisions that impact price justifications under the law, upending the level-
in the market, terms embedded in contracts that playing field all arguments enjoy under the law.
potentially shape market outcomes, or concerns Upsetting this balance would complicate the law
levied over harm to innovation are all routinely immensely, resulting in companies of all shapes and
made under the law. sizes, and across all sectors, to have to second guess
The law welcomes all claims, allowing arguments their business decisions – thus chilling economic
from all sides. Complaints from competitors are activity.
levied against a defense of the conduct, and as As this Congress winds down and a new Congress
is the case in all legal proceeding, the burden begins, it is important to ask how legislative
is rightfully on the accuser to provide enough proposals will disrupt these three simple yet
evidence to support its case. After the arguments effective aspects that are core tenants to our antitrust
have been heard and the evidence weighed, the laws. We need the law to remain applicable to all
better argument prevails. This approach is often economic actors, focused on consumer welfare as
referred to as the “rule of reason” — a balanced a limiting principle, and open to the rule of reason
approach made possible because antitrust hears all to hear all arguments and weigh the complaints of
arguments, both complaints against conduct and harm up against all pro-competitive justifications.
justifications for that conduct.
