Professor Bush’s scholarship focuses on the intersection of regulation and antitrust, with emphasis on deregulated markets, immunities and exemptions, and merger review. Along with Harry First and the late John J. Flynn, he is coauthor on the antitrust casebook “Free Enterprise and Economic Organization: Antitrust” (7th Ed.) with Foundation Press.
Professor Bush received his Ph.D. in economics and J.D., both from the University of Utah. While completing his J.D., he consulted on issues regarding state deregulation of electric utilities, interned at the U.S. Department of Justice’s Antitrust Division, taught various economics courses, and received a Marriner S. Eccles Fellowship in Political Economy.
After receiving his J.D., he served as an Attorney General’s Honor Program Trial Attorney at the Antitrust Division’s Transportation, Energy, & Agriculture Section, where his primary focus was the investigation of mergers and anticompetitive conduct in wholesale and retail energy markets and airlines. He has testified numerous times on antitrust matters before congressional committees and federal commissions.
Darren Bush
By this expert
The New Merger Guidelines: Consumer Welfare vs. Protecting Competition Standards
Should antitrust law focus primarily on measurable performance outcomes such as price and output as indicated by Robert Bork’s Consumer Welfare Standard? Or is it more important to concentrate on whether conduct undermines the competitive process itself as per the newly revitalized Protect Competition Standard?
The Consumer Welfare Standard and the Protect Competition Standard: A Comparison and Assessment
What should courts to prioritize in determining antitrust cases: measurable welfare effects, or the protection of competitive rivalry itself? The Consumer Welfare Standard and the Protect Competition Standard offer different answers.
Rebooting Antitrust’s Normative Economic Theory
Industrial organization economists have caused antitrust to cling to an antiquated and disproven economic theory.
Antitrust’s Normative Economic Theory Needs a Reboot
Welfare economists and moral philosophers have shown that the Consumer Welfare Standard is biased in favor of wealthy individuals and corporations—the very powers the antitrust law is supposed to regulate.