Political Philosophy, Competition, And Competition Law: The Road To And From Neoliberalism, Part 3

By: Lazar Radic (Truth On The Matrket)
As it has before in its history, liberalism again finds itself at an existential crossroads, with liberally oriented reformers generally falling into two camps: those who seek to subordinate markets to some higher vision of the common good and those for whom the market itself is the common good. The former seek to rein in, temper, order, and discipline unfettered markets, while the latter strive to build on the foundations of classical liberalism to perfect market logic, rather than to subvert it.
This conflict of visions has deep ramifications for today’s economic policy. In his classic text “The Antitrust Paradox,” Judge Robert Bork deemed antitrust law a “subcategory of ideology” that “connects with the central political and social concerns of our time.” Among these concerns, he focused specifically on the eternal tension between the ideals of “equality” and “freedom.” In recent years, that tension has been exemplified in competition-policy debates by two schools of thought: the neo-Brandeisians, whose jurisprudential philosophy draws from the progressive U.S. Supreme Court Justice Louis Brandeis, and another group represented by the Chicago School and other defenders of the consumer-welfare standard.
But this schism resembles similar divides that have played out countless times over the history of liberalism, albeit under different names and banners. Looking back on the past century and a half of economic and philosophical thought can help us to make sense of these fundamentally opposed visions for the future of both liberalism and antitrust. This history can also help us to understand how these ideologies have sometimes failed to live up to their ambitions or crumbled under the weight of their own contradictions…
Featured News
Belgian Authorities Detain Multiple Individuals Over Alleged Huawei Bribery in EU Parliament
Mar 13, 2025 by
CPI
Grubhub’s Antitrust Case to Proceed in Federal Court, Second Circuit Rules
Mar 13, 2025 by
CPI
Pharma Giants Mallinckrodt and Endo to Merge in Multi-Billion-Dollar Deal
Mar 13, 2025 by
CPI
FTC Targets Meta’s Market Power, Calls Zuckerberg to Testify
Mar 13, 2025 by
CPI
French Watchdog Approves Carrefour’s Expansion, Orders Store Sell-Off
Mar 13, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Self-Preferencing
Feb 26, 2025 by
CPI
Platform Self-Preferencing: Focusing the Policy Debate
Feb 26, 2025 by
Michael Katz
Weaponized Opacity: Self-Preferencing in Digital Audience Measurement
Feb 26, 2025 by
Thomas Hoppner & Philipp Westerhoff
Self-Preferencing: An Economic Literature-Based Assessment Advocating a Case-By-Case Approach and Compliance Requirements
Feb 26, 2025 by
Patrice Bougette & Frederic Marty
Self-Preferencing in Adjacent Markets
Feb 26, 2025 by
Muxin Li