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

The article critically examines the social philosophy of Louis D. Brandeis in comparison with the contemporary New Brandeis movement, which draws on his legacy in U.S. antitrust discourse. It highlights that Brandeis' work extends beyond antitrust to include civil liberties, industrial democracy, federalism, and skepticism of both big business and big government, whereas the New Brandeis movement primarily focuses on economic antibigness and often endorses stronger federal regulatory power. The movement advocates for revitalizing antimonopoly principles through reforms such as shifting burdens of proof in merger cases, enhancing enforcement, and addressing labor market monopsony, as outlined in the Utah Statement. The article notes critiques of the New Brandeis movement for selectively applying Brandeis' philosophy and insufficiently emphasizing decentralization and political neutrality. It suggests that integrating Brandeis' broader social philosophy and European ordoliberal principles could strengthen current antitrust debates.