1. Deconstructing the Worldview of the Neo-Brandeisians Through Marxism and Critical Legal Studies.
- Author
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Wilson, Christine S. and Cella, Adam S.
- Subjects
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MARXIST philosophy , *CRITICAL legal studies , *SOCIOLOGICAL jurisprudence , *ANTITRUST law , *TRADE regulation - Abstract
The Neo-Brandeisian movement seeks to unravel the bipartisan, decades-long consensus on antitrust enforcement premised on the consumer welfare standard. In recent years, seemingly disconnected developments signaled the coming attack on this consensus. A flood of changes from new FTC leadership beginning in 2021 confirmed that the consensus was under attack. These changes include policies meant to increase legal uncertainty around merger activity, consolidate power in the office of the Chair, and ignore the expertise of the FTC’s career staff. Many observers respect and analyze Neo-Brandeisian proposals as part of a sincere and coherent attempt to return the FTC to the early decades of antitrust enforcement. But research into political and economic theories reveals that the Neo-Brandeisian worldview draws heavily on historical concepts outside the antitrust field. [ABSTRACT FROM AUTHOR]
- Published
- 2022