There is nothing remotely conservative, nor sensible, in Sen. Hawley's view that the 1A entitles him to a book. I am happy to see that view widely rejected. The same beliefs undergird his rejection of property rights in favor of bureaucratic control over firms and people. (1/x)
Antitrust law was never more than a convenient medium for the populists -at any cost- to get "revenge" against "big tech" and to create an economy of essential facilities shared under rules set by agencies and Congress. That view will also be widely rejected. (2/x)
It was Hawley (& Cruz) that held together the Hawley-Warren antitrust axis. My prediction is that a less appreciated (and way less important) outcome of his recent abysmal performance is the disintegration of bipartisan support for a new AT. Leadership matters. (4/x)
With the Ds controlling the WH & Congress - no doubt we will see some change: a presumption here, a merger filing fee bill there, increased funding, rulemaking, a spike in second request rate, & more litigation. These are important. Some are good ideas. Some not. (5/x)
But my prediction is that the prospects for a bipartisan antitrust revolution -- e.g., the rejection of the CW standard, overturning broad swaths of precedent, rules of per se illegality, or dramatic changes in policy -- have declined significantly. END (6/6).
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