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New Brandeisians push further: Proposed antitrust legislation reflects broad remedial purpose of antitrust laws

Our last article, New Brandeisians keep their promise, discussed the contents of Sen. Amy Klobuchar’s (D-MN) proposed overarching antitrust legislation, Competition and Antitrust Law Enforcement Reform Act (CALERA). Now, we’d like to take a step back and focus on the arguments supporting and opposing such reform, and in particular the precise manner in which the proposed legislation goes about such reform. We’d also like to highlight another antitrust statute proposed by Sen. Klobuchar, the Journalism Competition and Preservation Act. …

The Antitrust Revolution: New Brandeisians Keep Their Promise

In part three of their series, “The Antitrust Revolution,” host Jay Levine and fellow attorney Carrie Garrison explain what New Brandeisians are trying to achieve and why they believe that the antitrust laws need fixing. In particular, they discuss Sen. Amy Klobuchar’s (D-MN) proposed “Competition and Antitrust Law Enforcement Reform Act” and how it fits into the “progressive” agenda. This podcast will definitely help you make sense of all the headlines you keep seeing!

Read a transcript of the episode here.

Find Jay on Twitter and Linkedin or contact him at jlevine@porterwright.com. Find Carrie on Twitter or at cgarrison@porterwright.com

The Antitrust Revolution: The Chicago School and Antitrust Enforcement from 1990s to the Present

In part two of their series “The Antitrust Revolution,” host Jay Levine and guest Carrie Garrison discuss the evolution of antitrust in the decades leading up to the present. They explain, in plain words, the prevailing economic theory that governed antitrust enforcement and why those principles are now coming under attack. They also discuss the public perception of antitrust enforcement, the prevailing New Brandeisian belief, and how that plays into the impending antitrust revolution.

Read a transcript of the episode here.

The Antitrust Revolution: The Evolution of Antitrust

An antitrust revolution is definitely underway. But to understand where we may be going, you must first understand where we have been. In this podcast, Jay is joined by attorney Carrie Garrison. They will guide you through the evolution of antitrust law, from its inception to the present, and provide you the tools to better understand what all the fuss seems to be about.

Read a transcript of the episode here.

New Brandeisians keep their promise: New antitrust legislation reflects movement in role of antitrust laws

Probably never before has there been introduced in Congress so many bills relating to antitrust.  At last count, over 25 different pieces of antitrust legislation have been introduced just this year, covering antitrust in general and distinct industries in particular, including pharmaceuticals, sports, news and oil. And more have been promised. While some proposed laws are bipartisan in nature, most are single-party efforts. Interestingly, while both sides want to battle mega-mergers and worry about increasing market concentration, true to their ideology, they attack the issue in distinct ways. We will devote this issue to the key – and perhaps most …

1990s to the present: The Chicago School and antitrust enforcement

There is no question that antitrust policy, at any time, is highly influenced by the prevailing economic thinking. Equally unquestionable is the fact that economic thinking is highly influenced by one’s political philosophy. With these principles established, the current debate over the purpose of the antitrust laws, and thus the standards they ought to employ, seems an inevitable conclusion to the shifting economic and political tides that have taken place over the last several decades. In this installment in our series, The antitrust revolution is coming? The antitrust revolution is here?, we discuss the continued evolution of antitrust through …

The antitrust revolution is coming? The antitrust revolution is here?

Borrowing from the immortal words of Paul Revere, the title consciously evokes images of a battle, though fought with words and ideas and (hopefully) not muskets and bayonets. The proper objectives of the antitrust laws and the appropriate level of antitrust enforcement has been discussed in mainstream media more over the last decade than perhaps at any point in time. Indeed, in both 2016 and 2020, the Democratic Party platform included a section on antitrust. Many non-lawyers may assume that the public discussions about antitrust are nothing more than the normal discourse attendant to political jockeying. And to some extent …

Antitrust as antidote? Historical overview of antitrust law

An antitrust revolution is upon us. Numerous pundits and political leaders blame many of today’s societal and economic ills on what they claim is the increasing concentration of economic power in the hands of a few. Perceived lax antitrust enforcement and permissive antitrust laws, many claim, is the cause of that. Indeed, President Joe Biden has placed antitrust enforcement at the forefront of his administration and aims to use antitrust enforcement to remedy social inequities and restore democratic ideals.…

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