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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2020

Brooklyn Law School

Antitrust; consumer protection; Brandeis; neo-classical; Bork; fintech; automobiles; Uber; Amazon; merchant; seller; Torts; restatment of torts; political; economic; internet; european union; Reagan; Trump; authoritarian; democratizing; regulation; class-action; state class-action

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Full-Text Articles in Law

Symposium: Consumer Welfare Market Structure And Political Power, Edward J. Janger Dec 2020

Symposium: Consumer Welfare Market Structure And Political Power, Edward J. Janger

Brooklyn Journal of Corporate, Financial & Commercial Law

Two competing visions dominate the fields of antitrust and consumer protection: neo-liberal and progressive. The neo-classical approach is associated with Robert Bork and the Law and Economics Movement. The progressive strand is older, identified with Brandeis and early 20th Century social reform. As a matter of chronology the Brandeisian view dominated into the 1970s, but from 1980, until recently, the Borkian law and economics approach has been in ascendancy in Congress, the academy, and in the courts. Technological change and events in the broader economy have caused the politics and the academic focus to shift. The financial crisis of 2008-09 …