Four Questions For The Neo-Brandeisians

By Daniel A. Crane

The “Neo-Brandeisian” school is challenging the prevailing consensus that antitrust law should primarily seek to advance consumer welfare. This brief essay poses four critical questions to the Neo-Brandeisians: (1) why throw out the baby with the bath water; (2) is the problem bigness or market power; (3) what principle should resolve the inevitable trade-offs between consumers and other interests; and (4) is bigness a curse in industry only, or also in government