Lina Khan published “The New Brandeis Movement: America’s Anti-monopoly Debate,” which identifies key tenets of the new anti-monopoly movement, in the Journal of European Competition Law & Practice. As she writes:
As the name suggests, this new movement traces its intellectual roots to Justice Louis Brandeis, who served on the Supreme Court between 1916 and 1939. Brandeis was a strong proponent of America’s Madisonian traditions—which aim at a democratic distribution of power and opportunity in the political economy. Early in the twentieth century, Brandeis successfully updated America’s anti-monopoly regime, along Madisonian lines, for the industrial era, and his philosophy held sway well into the 1970s. As the ‘New Brandeis School’ gains prominence—even prompting two floor speeches by Senator Orrin Hatch (a Republican from Utah)—it’s worth understanding what this vision of anti-monopoly does and does not represent. Below is an attempt to sketch out some of the core tenets of this school.