The Battle for the Future of Antitrust: Brandeis, Bork, and Schumpeter

GAICIL Insights
Antitrust, once a relatively stable field, is now a battleground. This book frames the fight through three figures: Louis Brandeis, Robert Bork and Joseph Schumpeter, each standing for a different idea of what competition law is for.
By tracing antitrust’s evolution through economic theory and today’s debates, the book gives policymakers and practitioners a map of the competing schools. With fast-moving technology and populist politics reshaping the field, the question of which school governs AI markets is the one the book prepares readers to answer.
Abstract (back cover)

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.1
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Takeaway
“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.”
Quoted verbatim from the author’s abstract.
Notes
- Aurelien Portuese, The Battle for the Future of Antitrust: Brandeis, Bork, and Schumpeter (Palgrave Macmillan 2025), https://doi.org/10.1007/978-3-031-75794-5. Back-cover text quoted verbatim from the publisher’s page, https://link.springer.com/book/10.1007/978-3-031-75794-5. ↩
Cite as: Aurelien Portuese, The Battle for the Future of Antitrust: Brandeis, Bork, and Schumpeter (Palgrave Macmillan 2025), https://doi.org/10.1007/978-3-031-75794-5
Header image: Schachbrett -- 2021 -- 9676.jpg by Dietmar Rabich, CC BY-SA 4.0, via Wikimedia Commons.
