Louis Brandeis - Founding Father of Modern-Day Antitrust?

Abstract

The recent ‘big tech and antitrust' discourse in the U.S. and abroad is primarily dominated by references to Louis D. Brandeis and the so-called New Brandeis move- ment, also known as ‘hipster antitrust.' While it is laudable that many researchers - and politicians - acknowledge and recognize the work of Brandeis, it is also a missed opportunity to refer to him en passant and not investigate his socio-political philos- ophy in more depth. This paper attempts to fill this gap in the academic literature and evaluate Brandeis' achievements and (theoretical) shortcomings from a history of economic and legal thought perspective. It does so by taking a closer look at the life and work of Brandeis and analyzing his socio-economic and legal philosophy. Furthermore, the paper addresses the question of which lessons can be drawn from his work and how it could inspire today's political discourse(s).