Challenging the Neo-Brandeisian “Paradigm Shift” in Antitrust

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In his latest article featured in Chicago Booth’s ProMarket publication, CBPP Director John Mayo critically examines claims that the antitrust policies of Federal Trade Commission Chair Lina Kahn and Department of Justice Assistant Attorney for Antitrust Jonathan Kanter represent a “paradigm shift” in the field. Inspired by philosopher Thomas Kuhn’s work on scientific revolutions, Mayo questions whether the Neo-Brandeisian movement, which has energized antitrust reform with its bold stance against corporate power, truly brings a new foundation to antitrust law.

The Neo-Brandeisian movement argues for stricter policies to limit the size and power of big companies, aiming to address broad social and economic concerns like income inequality and data privacy. While these goals have stirred public debate and brought fresh momentum to antitrust, Mayo suggests rhetorical advocacy may not be enough to replace the existing antitrust “paradigm.” The established framework focuses on consumer welfare—meaning that policies should prioritize affordable prices, high-quality products, and innovation for consumers—backed by economic evidence.

In the end, Mayo proposes that the Neo-Brandeisian movement, while influential, represents more of an evolution within current antitrust thinking rather than a “revolutionary” shift.

Read the full article  to explore how Kuhn’s philosophy applies to today’s antitrust debates and whether the Neo-Brandeisians have laid the groundwork for a true transformation in policy.