This article will (1) define the consumer choice approach to competition law or antitrust law and show how it differs from other approaches; (2) discuss the types of situations where a consumer choice focus is likely to make a difference in enforcement outcomes, producing better results than the other paradigms; (3) show that another important advantage of using the consumer choice approach would be to nudge decisions in the right direction; and (4) offer a brief overview of implementation issues.
This is a chapter of a forthcoming ASCOLA book, and is a condensation and update of Neil W. Averitt & Robert H. Lande, 'Using The "Consumer Choice" Approach to Antitrust Law', Antitrust Law Vol. 74, 2007, available at http://scholarworks.law.ubalt.edu/all_fac/369/
Consumer Choice as the Best Way to Recenter the Mission of Competition Law, in More Common Ground for International Competition Law? 21 (Josef Drexl, eds., et al., 2011)