'Abuse of dominance': Was this what Congress originally intended for Section 2?

By Eamon O’Kelly, and Vidya Dindiyal

July 6, 2021

Senator Amy Klobuchar’s proposed Competition and Antitrust Law Enforcement Act has been heralded as a broad, “sweeping revamp,” and “the most ambitious antitrust reform in nearly half a century.” Among other things, Klobuchar’s proposed legislation seeks to strengthen U.S. antitrust enforcement by cracking down on single-firm dominance, breaking up conglomerates, enhancing merger restrictions, and encouraging the entrance of new market participants. In the age of technology giants, Klobuchar’s approach seems novel and bold: for almost twenty years, monopoly power has come to be seen as almost benign, at least where there is no evidence of barriers to entry or actual anticompetitive effects.

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