What Is Democratic Antitrust? Symposium

Reed Showalter argues that the suggestion that antitrust can be ringfenced from democracy or the democratic process is erroneous. Antitrust is fundamentally a body...

Yunsieg P. Kim argues that economic regulation, including antitrust, can only be democratic if it is the choice of well-informed citizens. This article is part...

Erik Peinert explores the paradoxical relationship between economic concentration and democracy, where economic concentration compromises the democratic process and democratic backsliding also gains momentum by taking advantage of concentrated market actors, whose political power is now impotent, to capture civil society.

Sean Sullivan discusses the role public opinion should play in setting antitrust policy and what should be left to the expert economists.

Recent years have witnessed a significant wave of initiatives aimed at expanding antitrust’s substantive reach and reinvigorating enforcement, both to counter decades of weakened enforcement and to address contemporary economic realities. These efforts have coincided with calls to “democratize” antitrust by engaging the public in policymaking. Barak Orbach argues that such “democratized antitrust” is impractical, but boundary-pushing dynamics are central to the evolution of antitrust. He offers a conceptual guide for antitrust boundary pushing.