The Senate Judiciary Committee is preparing for confirmation hearings for Gail Slater, President Trump's nominee for assistant attorney general of the antitrust division. Slater brings extensive experience from her previous role in the Trump administration, the Federal Trade Commission (FTC), and the private sector. Her nomination enjoys support from key figures including Attorney General Pam Bondi and several senators, suggesting a smooth confirmation process.

A key focus for Slater, FTC Chairman Andrew Ferguson, and their respective agencies upon confirmation should be a return to the Consumer Welfare Standard (CWS). This standard, established by the Supreme Court in 1979, emphasizes the importance of competition in benefiting consumers through lower prices, increased output, improved service, and greater innovation. The CWS, derived from Robert Bork's influential book "The Antitrust Paradox," offers a consistent and objective framework for antitrust enforcement, fostering predictability for businesses.

The Biden administration's antitrust approach has faced criticism for deviating from the CWS. Figures like FTC Chair Lina Khan and Assistant Attorney General Jonathan Kanter have been proponents of the "Brandeisian Antitrust" perspective, a more subjective standard that raises concerns about inconsistent enforcement and potential political influence. This approach prioritizes a greater number of smaller companies, potentially at the expense of consumer benefits derived from economies of scale and robust competition.

The Trump administration aims to restore the CWS and ensure vigorous antitrust enforcement without hindering American innovation and global competitiveness, particularly in the face of competition from China and other nations. The EU's substantial antitrust fines against U.S. tech companies underscore the importance of a balanced approach.

The Biden administration pursued several antitrust actions in its final days, including cases against Visa and Hewlett Packard. These actions, along with lawsuits against RealPage, Inc. and Ticketmaster-Live Nation, warrant review by the incoming Trump administration to ensure alignment with the CWS.

The Visa case highlights the Biden administration's focus on volume discounts and incentive payments, arguing that these practices stifled competition. However, existing regulations like the Durbin Amendment already address competition in debit transaction routing. Similarly, the RealPage case, concerning AI software for rental pricing, and the Ticketmaster-Live Nation case, addressing alleged monopolization of the live event sector, raise questions about the scope and rationale of the Biden administration's antitrust efforts.

The Trump administration's intention to return to the CWS signals a shift away from the perceived uncertainties and potential overreach of the previous administration's antitrust policies. This move aims to promote a more predictable regulatory environment, encouraging innovation and economic growth while safeguarding consumer welfare.