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Palgrave Macmillan

The Battle for the Future of Antitrust

Brandeis, Bork, and Schumpeter

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  • © 2024

Overview

  • Presents a concise, accessible overview of the history of antitrust law with implications for the future
  • Takes an interdisciplinary law and economics approach to understand the role of antitrust laws in financial markets
  • Draws on a wealth of examples of existing case law to discuss the influence of Brandeis, Bork, and Schumpeter

Part of the book series: Palgrave Studies in Institutions, Economics and Law (PSIEL)

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About this book

In an era where technology is evolving at breakneck speed and populist movements are reshaping political landscapes, the regulation of market participants stands at a critical crossroads. The future of antitrust — once a relatively stable domain of law and policy — is now caught in a fierce battle between traditional doctrines and emerging approaches that seek to address the new realities of our time.

This book delves into this struggle, offering a thought-provoking exploration of how antitrust laws have evolved, how they are being challenged, and what is at stake for the future. Through a unique lens that juxtaposes the legacies of Louis Brandeis, Robert Bork, and Joseph Schumpeter, this book offers an insightful analysis of the forces shaping the future of antitrust. By tracing the historical evolution of antitrust law through economic theory and examining the ongoing debates that define today’s regulatory environment, the author provides a comprehensive yet accessible guide to the competing schools of thought in this critical field.

This is a highly valuable resource for a diverse readership interested in the future of competition law and the broader regulation of innovation, from legal experts to students of law and economics, as well as professionals and policymakers navigating the complexities of market regulation.

Keywords

Table of contents (3 chapters)

Authors and Affiliations

  • The George Washington University, Washington, DC, USA

    Aurelien Portuese

About the author

Aurelien Portuese is Research Professor and Founding Director of The GW Competition and Innovation Lab at the George Washington University. He is also Researcher at the Farhi Innovation Lab of the College de France at the University of Paris (PSL) and Special Editor of the Antitrust Law Journal of the American Bar Association.

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