The Battle for American Economic Competition: Neo-Brandeisian Interpretations of Antitrust Law Threaten Consumers and U.S Economy

At the American Economic Liberties Project’s 2024 Anti-Monopoly Summit, lawyers, economists, and policymakers are gathering to discuss the Neo-Brandeisian interpretations of antitrust law. These interpretations have been criticized for being detached from economic realities and the interests of consumers.

Antitrust laws play a crucial role in ensuring competition in free and open markets, which are essential for a strong, diverse, and dynamic economy. The traditional consumer welfare standard of antitrust law has garnered broad bipartisan support over decades but is now being sidelined by the Biden administration’s FTC and DOJ Antitrust Division in favor of a more interventionist approach. This approach allows government bureaucrats to block mergers and acquisitions for politically motivated reasons.

The U.S. Chamber of Commerce advocates for healthy market competition as it benefits consumers by driving down prices and fostering higher quality products and services, more choices, and increased innovation. The U.S. economy is known globally for its success.

The trajectory of the DOJ Antitrust Division and FTC under the Neo-Brandeisian view is concerning as it threatens to undermine U.S economic vitality and competitiveness instead of supporting it. The conference organized by AELP sheds light on these issues, highlighting the serious implications of the current antitrust landscape, which is no laughing matter.