The preservation of competition among business entities is vital to the success of any economy. Recognizing the importance of competition, the United States Congress has passed antitrust laws that seek to enhance productivity and protect consumers. Although the antitrust laws, like all statutes, are vulnerable to a variety of different interpretations, "[t]he language of the antitrust statutes, their legislative histories, the major structural features of the antitrust law, and considerations of the scope, nature, consistency, and ease of administration of the law all indicate that the law should be guided solely by the criterion of consumer welfare." The antitrust laws are intended to prohibit monopolization, predatory pricing, and other behaviors that adversely affect competition and ultimately consumer welfare. In the consumer-driven, capitalist economy of the United States, competition is the foundation of economic success. Price discrimination, when used to undermine competition and destroy consumer welfare, violates the purpose of the antitrust laws.
Keith A. May,
Brooke Group Ltd. v. Brown & Williamson Tobacco Corp.: A Victory for Consumer Welfare Under the Robinson-Patman Act,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol28/iss2/7