This is the first installment of a two-part commentary on the New Brandeis School in Antitrust. In this first part, I examine why the New Brandeis School is correct to reject the consumer welfare standard. Instead of arguing, as the New Brandesians do, that the consumer welfare standard leads to...

Since the publication of Robert Bork's The Antitrust Paradox, lawyers, judges, and many economists have defended “Consumer welfare” (CW) as a standard for decisions about antitrust goals and enforcement priorities. This paper argues that the CW is actually an empty concept and is an...