New Brandeis

Why the Mid-20th Century Was Not the Golden Age of Antirust

The New Brandeisian version of American history presumes that there was a mid-20th century golden age of antitrust that was displaced by...

Antitrust Law’s Unwritten Rules of Unfair Competition

Does the Sherman Act actually “protect competition, not competitors”? An examination of the case law reveals a more nuanced picture, in which...

The New Brandeis Movement and International Antitrust Enforcement

US competition authorities’ top officials, being appointed by a recently-elected president to represent the will of the voters, have the legitimacy to...

“The Question Is Whether We Live in a Democracy or a Corporate State”

In an interview with ProMarket, Goliath author Matt Stoller discusses the political choices that led to the downfall of the American antimonopoly movement and the “addiction to...

LATEST NEWS

Should The Competitive Process Test Replace The Consumer Welfare Standard?

Jonathan Kanter, Assistant Attorney General for the Department of Justice Antitrust Division, recently gave a speech condemning the use of the consumer...

Delaware: The State Where Companies Can Vote

Adapted from What’s the Matter with Delaware: How the First State Has Favored the Rich, Powerful, and Criminal—and How It Costs Us...

The NCAA Goes After College Athletes’ NIL Money—Here are the Antitrust Implications for Workers and Consumers

Having lost in the Supreme Court on student-athlete academic benefits, the NCAA has signaled a continuing attempt to suppress competition in the...

Have Business Roundtable Companies Lived Up to Their Stakeholder Commitments?  

In 2019, more than 100 CEOs of US public companies signed a Business Roundtable statement in which they pledged to deliver value...

Do Protests Matter At All for Shifting Government Policy Around Economic Redistribution?

New research on the effectiveness of protests on government distributions provides insights into the political incentives of a country’s leadership and the...