Louis D. Brandeis and the New Brandeis Movement: Parallels and Differences

• Published in: Antitrust bulletin 2023-09, Vol.68 (3), p.440-459
• Main Author: Wörsdörfer, Manuel
• Format: Article
• Language: English
• ISSN: 0003-603X; 1930-7969
• DOI: 10.1177/0003603X231182494

The recent antitrust discourse in the U.S. is dominated by references to Brandeis and the New Brandeis movement. While it is laudable that many researchers acknowledge Brandeis’ work and recognize its business-ethical importance, it is also a missed opportunity to refer to him en passant and not investigate his philosophy in more depth. The following sections attempt to fill this gap in the academic literature by critically evaluating—and comparing—Brandeis’ social philosophy with the one of the New Brandeis movement. The research questions of this paper are twofold: First, it analyzes the parallels and differences between Brandeis and neo-Brandeisianism. Second, it addresses the question of which references to his work are valid and legitimate and which ones are not. The paper shows that Brandeis’ work encompasses much more than just competition policy; reducing him to antitrust issues (only) does not do him justice as it ignores significant parts of his social philosophy. The paper also shows that Brandeis was skeptical of big business and big government. In contrast, the new Brandeis movement focuses solely on antibigness in the economy while ignoring Brandeis’ demand(s) in the political sector.