Brandeis opposed the trusts because he thought they were bad for individual opportunity and bad for democracy. And he thought Congress is the fulcrum of action because Congress is the political institution that Brandeis believed can – and should – consider broad social and economic issues in shaping the content of antitrust, not antitrust enforcers and not the courts. To me, a critical lesson from Brandeis describes the broad role of legislatures as contrasted to the focused task of antitrust enforcement.
October 29, 2018
September 26, 2018