Steven Salop is a Professor of Economics and Law at the Georgetown University Law Center in Washington, DC, where he teaches antitrust law and economics. His research and consulting focuses on antitrust, competition, and regulation. He has written numerous articles in various areas of antitrust and competition which take a modern “Post-Chicago” approach. These include a number of articles with various co-authors on the competitive effects of vertical mergers. Professor Salop has also writ...| ProMarket
Eleanor M. Fox is the Walter J. Derenberg Professor of Trade Regulation Emerita at New York University School of Law. She is an expert in antitrust and competition policy, and teaches, writes, and advises on competition policy in nations around the world and in international organizations. She has a special interest in developing countries, poverty, and inequality, and explores how opening markets and attacking privilege, corruption, and cronyism can alleviate marginalization and open paths t...| ProMarket
Andy Gavil has been a member of the faculty at the Howard University School of Law since 1989 and currently teaches courses on antitrust law, civil procedure, complex litigation, federal courts, and Supreme Court Jurisprudence (seminar). He has written, lectured, and commented extensively on antitrust law and procedure and is a co-author with Professors William E. Kovacic and Jonathan B. Baker of "Antitrust Law in Perspective: Cases Concepts and Problems in Competition Policy" (5th ed. 2024),...| ProMarket
Andrew Gavil examines the Biden Administration's antitrust policy, placing it in the broader historical context of evolving competition law. He questions the fit of Kuhn’s concept of paradigm shift for antitrust policy and argues instead that Biden's initiatives reflect the unique demands of the digital economy and the true nature of antitrust, which is ever evolving.| ProMarket
Randy Stutz writes that the Biden administration has recalibrated antirust policy by devoting more equal enforcement attention to competition in buyers’ markets and sellers’ markets, thereby promoting the welfare of both suppliers and consumers. The shift raises questions about whether courts should engage in “multi-market balancing”—the weighing of harms in one market against benefits in a different market—when the interests of suppliers and consumers diverge.| ProMarket
Steven C. Salop writes that the Biden administration oversaw a paradigm shift in antitrust, but it was the full adoption of the ideas of the Post-Chicago school, whose intellectual influence has countered Chicago since the 1980s, rather than the empowerment of the Anti-Monopoly or Neo-Brandeisian school of thought. This latter school of thought played an important role by motivating increased enforcement and corralling political support, even if it did not lead to cases that could not have be...| ProMarket
Daniel Francis reviews the evolutionary and revolutionary dimensions of the Biden administration’s antitrust work, and argues that these two projects have been in deep tension. He concludes that the administration’s evolutionary work within the welfarist paradigm has generated some important successes, but that the revolutionary effort to restore a pre-welfarist vision of antitrust has failed on its own terms — and, in failing, has left welfarism all the stronger.| ProMarket
Tim Brennan finds the new shift in antitrust thought and enforcement connected to the Neo-Brandeisian movement to be flawed for the most part. However, he writes that a reinvigorated focus on tacit collusion, which some have blamed on the rise of prices for groceries and apartment rents, may deserve consideration and further study.| ProMarket
Eleanor Fox writes that the paradigm shift in United States antitrust is not best understood as an embrace of neo-Brandeisian anti-bigness ideas but rather a rejection of neoliberal principles that have prevented effective antitrust regulation for decades. The shift encompasses the concerns and efforts of centrists, progressives, and neo-Brandeisians.| ProMarket
John W. Mayo reviews whether or not the articulated principles and priorities of the Neo-Brandeisian movement in antitrust scholarship and enforcement represent a “paradigm shift,” per the philosophy of Thomas Kuhn. Mayo finds that the Neo-Brandeisian discourse is best understood as situated within the continuum of the current antitrust paradigm, and that many of its efforts to substantiate its distinctive ideas have failed to properly ground them in empiricism or repudiate existing studies.| ProMarket