Neobrandeisiánský antitrust: budoucí mainstream v ochraně hospodářské soutěže, nebo již zaslepená ulička?

The paper traces the ideological foundations and also the proposals for changes in competition protection inherent in the so-called New Brandeisian movement in the USA. It looks at the views of the historical inspirer, L. D. Brandeis, and in particular his current followers who have taken the highest positions in the American antitrust movement under the presidency of J. Biden. The return of President D. Trump has deprived New Brandeisians of direct influence on the conduct of competition policy and law, the paper nevertheless shows that, thanks to its deeper roots, social demand and also popularity among the emerging generation of competition lawyers in the US, the New Brandeis movement is an active part of the current stage of the evolution of views on market regulation, which gives it a chance to regain influence in the foreseeable future. The paper concludes by drawing attention to parallels between New Brandeisianism in the US and ordoliberalism in the EU, which also demonstrate the viability of this school of thought in competition regulation.

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Publication Details

Journal
AUC IURIDICA
Published
2026-02-23
DOI
https://doi.org/10.14712/23366478.2026.12
Primary Topic
Diverse Legal and Medical Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Neobrandeisiánský antitrust: budoucí mainstream v ochraně hospodářské soutěže, nebo již zaslepená ulička?

Václav Šmejkal
AUC IURIDICA
Diverse Legal and Medical Studies
article

Neobrandeisiánský antitrust: budoucí mainstream v ochraně hospodářské soutěže, nebo již zaslepená ulička?

Václav Šmejkal
article en

Abstract

The paper traces the ideological foundations and also the proposals for changes in competition protection inherent in the so-called New Brandeisian movement in the USA. It looks at the views of the historical inspirer, L. D. Brandeis, and in particular his current followers who have taken the highest positions in the American antitrust movement under the presidency of J. Biden. The return of President D. Trump has deprived New Brandeisians of direct influence on the conduct of competition policy and law, the paper nevertheless shows that, thanks to its deeper roots, social demand and also popularity among the emerging generation of competition lawyers in the US, the New Brandeis movement is an active part of the current stage of the evolution of views on market regulation, which gives it a chance to regain influence in the foreseeable future. The paper concludes by drawing attention to parallels between New Brandeisianism in the US and ordoliberalism in the EU, which also demonstrate the viability of this school of thought in competition regulation.

AUC IURIDICAVol. 72(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 48%
Diverse Legal and Medical Studies
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