Expand consumer-welfare standard beyond price; equal proof for efficiencies
While saying consumer welfare must guide FTC action, Mandate argues the standard must expand beyond price in appropriate cases with strong evidence, and that the same proof burden used to show competitive harm must apply to claimed efficiencies; criticizes rescinding the 2015 Policy Statement.
Mandate
Mandate Ch. 30 (FTC) — Needed Reforms framing: consumer welfare standard must guide FTC action, but in appropriate situations with strong evidence this standard must be expanded to include more factors than just price; a similar standard of proof used to establish that a challenged practice harms competition must also apply in demonstrating efficiencies that justify the practices; FTC’s recent rescinding of its 2015 Policy Statement was ill-considered.
Undo plan
1) Restore clear 2015-style Section 5 policy anchoring unfair methods of competition to antitrust principles and consumer welfare.
2) Allow non-price harms (quality, innovation, privacy) only with rigorous evidence—not open-ended political theories.
3) Keep asymmetrical scrutiny of merger efficiencies from becoming a defendant veto.
4) Publish Merger Guidelines updates via APA-like process.
5) Verify: policy statement text; litigated efficiency proof standards.