The "consumer welfare standard" and related contestability doctrine is often used to challenge anti-trust action. However, requiring consumer harm neglects the loss of economic opportunity for providers (eg stores and gig workers).

If contestabilty, not marketshare, is the appropriate test of economic power, then laws may be needed to increase contestability, such as "data portability" rules for store owners so they don't have to key-in product description, availability, and pricing multiple times.

In your example of a new delivery platform entrant who bootstraps using its direct competitor, what legal framework protects that startup? This seems another contestability consideration.