Best-Selling Legal Paper Popularizes Anti-Trust

By on September 10, 2018

September 10, 2018

Two years ago, Lina Khan, a law student,  published “Amazon’s Antitrust Paradox” in the Yale Law Journal. At 93 heavily-footnoted pages, it was a long shot to achieve any significant readership, but it got 146,255 hits, a spectacular record for any legal treatise, and more than enough to shake up the antitrust establishment. Khan is now a beltway celebrity, and her argument, that the company should not get a pass on anti-competitive behavior just because it makes customers happy, is making waves in regulatory circles. It runs contrary to a consensus that has been around since the 1970s, when regulation was redefined to focus exclusively on price as a proxy for consumer welfare. Given Amazon’s pricing strategy, it has generally been considered safe from anti-trust intervention. Khan argues that Amazon is amassing so much structural power that it exerts an unhealthy control over many parts of the economy, much like railroads during the Progressive Era.
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The New York Times

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