Isn't the issue here short term vs long term consumer interest? It's all fine and dandy for consumers to pay lower prices because company A is eating losses to drive company B out of business but what happens after that.
How do you quantify long term consumer interest? We are talking about drastic actions when we are talking antitrust including the complete dismantling of companies in the extreme from the government perspective and a tripling of damages from a private enforcement perspective. How do you justify such drastic measures with a “what if they’re dumping?” approach rather than a rigorous quantitative assessment of impacts on the consumer.
If dumping actually occurs then the government or competitors can sue and win under the current antitrust laws by showing that consumers are now paying more due to the dumping scheme. Lina Khan’s view militates for prospective suits - suits where no consumer harm has yet occurred.
