Neil Averitt commentary: Actually using a balancing test in the Google case

Washington, D.C. (November 14, 2023) -- Antitrust lawyers love to talk about the consumer welfare standard and the rule of reason, and indeed these things are central to the intellectual framework of the law and to practical counseling. But when they’re put to the test in high-stakes litigation against Big Tech, courts generally recoil from applying a balancing test....

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