posner16_SAUL LOEBPOOLAFP via Getty Images_lina khan SAUL LOEB/POOL/AFP via Getty Images

Biden’s Antitrust Revolutionaries

A growing debate over the scope and purpose of US antitrust law has pitted traditional technocrats against an ascendant movement that is demanding stronger legislation and more aggressive enforcement. At stake are not just questions of pricing or output, but the proper functioning of American democracy.

CHICAGO – With the prominent anti-monopoly advocate Lina Khan having been appointed the new chair of the Federal Trade Commission, it is a good time to consider what influence the so-called New Brandeisians will have on US antitrust law. Khan is a leading figure in that movement, and another prominent exponent, Tim Wu, now sits on President Joe Biden’s National Economic Council. Arguing that antitrust law and enforcement are too weak and ineffectual, the New Brandeisians, named for the US Supreme Court Justice Louis Brandeis, are more open than traditional antitrust experts to breaking up monopolies.

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