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In the context of U.S. competition law, the consumer welfare standard (CWS) or consumer welfare principle (CWP) is a legal doctrine used to determine the applicability of antitrust enforcement. Under the consumer welfare standard, a corporate merger is deemed anti-competitive “only when it harms both allocative efficiency and raises the prices of goods above competitive levels or diminishes their quality". This contrasts with earlier frameworks of antitrust theory, and more recently the New Brandeis movement, which argue that corporate mergers inherently detrimental to consumers by way of diminishing competition.

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  • In the context of U.S. competition law, the consumer welfare standard (CWS) or consumer welfare principle (CWP) is a legal doctrine used to determine the applicability of antitrust enforcement. Under the consumer welfare standard, a corporate merger is deemed anti-competitive “only when it harms both allocative efficiency and raises the prices of goods above competitive levels or diminishes their quality". This contrasts with earlier frameworks of antitrust theory, and more recently the New Brandeis movement, which argue that corporate mergers inherently detrimental to consumers by way of diminishing competition. In other words, the consumer welfare standard does not analyze antitrust issues from a "big is bad" perspective that condemns corporate consolidation as a negative phenomenon in of itself. Instead, the framework stipulates that corporate consolidation is not necessarily harmful to consumers, as long as a merger (or series of mergers) does not lead to individuals having to pay more for a product or service. (en)
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  • In the context of U.S. competition law, the consumer welfare standard (CWS) or consumer welfare principle (CWP) is a legal doctrine used to determine the applicability of antitrust enforcement. Under the consumer welfare standard, a corporate merger is deemed anti-competitive “only when it harms both allocative efficiency and raises the prices of goods above competitive levels or diminishes their quality". This contrasts with earlier frameworks of antitrust theory, and more recently the New Brandeis movement, which argue that corporate mergers inherently detrimental to consumers by way of diminishing competition. (en)
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  • Consumer welfare standard (en)
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