Tuesday, November 27, 2018

Back to School: What the Chicago School and New Brandeis School Get Right

Gregory J. Werden, U.S. Department of Justice - Antitrust Division addresses Back to School: What the Chicago School and New Brandeis School Get Right.

ABSTRACT: The New Brandeis School renews debate on two fundamental antitrust policy questions: 1) what source of wisdom or set of values should inform antitrust rules; and 2) what criterion should govern antitrust case adjudication. In our view, the Chicago School’s answer to the first question was right; economics, rather than populist politics, should guide the formulation of antitrust rules. On the second question, we agree with the New Brandeis School that US antitrust is too focused on bottom-line indicators of market performance; the result has been to make antitrust both more complex and less effective in protecting competition.

https://lawprofessors.typepad.com/antitrustprof_blog/2018/11/back-to-school-what-the-chicago-school-and-new-brandeis-school-get-right.html

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