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Covering Prying Eyes with an Invisible Hand: Antitrust Law, the New Brandeis Movement, and Privacy

By  |  June 9, 2022
Law

By Matthew Sipe (University of Baltimore)

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    The increasingly prominent New Brandeis movement in antitrust law hopes, among other policy goals, to use authority over competition to improve consumer privacy. This Article takes a skeptical view of those efforts. Somewhat counterintuitively, the more aggressive and structuralist New Brandeis school of thought risks undermining consumer privacy, rather than enhancing it. To some extent, this is a privacy-specific problem, but it also suggests larger issues with the neo-Brandeisians’ intentions of pursuing broader social goals that do not naturally follow from enhanced market competition.

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