Recapturing the Business Side of Innovation in Antitrust Merger Analysis

The antitrust laws were not passed as an academic exercise. They were passed to break up the great Trusts, and to preserve competition. These were and are business issues. Our current debate over the impact of mergers on innovation seems to have left that business purpose and dimension out of the discussion. It is time to bring business reality back into the antitrust analysis. Innovation drives progress, and is a key factor in determining the success or failure of a business, an industry, and s