It should have been clear enough from reading the abstract of Khan's law review note https://www.yalelawjournal.org/pdf/e.710.Khan.805_zuvfyyeh.p.... Quote: "This Note argues that the current framework in antitrust policy--specifically pegging competition to “consumer welfare,” defined as short-term price effects—-is unequipped to capture the architecture of market power in the modern economy." In other words, the current law is wrong, and it should be this other way instead.
Courts, especially U.S. District Courts, apply the law as it is, not the law as the FTC chair wishes it to be. If I was a hedge fund manager with a law degree, I would draw the same conclusion, and make similar bets.
Courts, especially U.S. District Courts, apply the law as it is, not the law as the FTC chair wishes it to be. If I was a hedge fund manager with a law degree, I would draw the same conclusion, and make similar bets.