Journal of Law and Political Economy

There is an emerging belief that antitrust has failed marginalized populations. For example, exclusionary practices have helped to produce banking and food deserts in low-income communities, though antitrust has seldom intervened. But is this a problem of antitrust law? In fact, another claim is that antitrust law is just fine as opposed to how federal agencies enforce antitrust. Since agencies must decide which cases to bring, they should perhaps pay better attention to marginalized communities or draft complaints to emphasize their unique injuries. This topic is especially salient, given the ongoing debate about whether the consumer welfare standard is able to promote competition in modern markets. In essence, the root of why antitrust has yet to meet its potential of serving marginalized communities may lie with the law and its interpretation or, alternatively, people and organizations enforcing it.