Neobrandeisianizm i polityczność ochrony konkurencji
Neobrandisianism and the Political Content of Antitrust

Summary/Abstract: The rise of Big Tech reinvigorated the debate on the role of antitrust enforcement. While in Europe antitrust authorities have taken an active stance on policing the actions of Big Tech, in the United States the emergence of the digital giants provided a platform to voice concerns over the philosophy underlying modern antitrust. The prevailing view that antitrust should become more and more economic and less ‘political’ has been questioned by the supporters of the New Brandeis Movement, who argue that ‘antitrust is dead’. According to Neo-Brandisians, for antitrust to be reborn, a fundamental change in the perception of antitrust is needed. The article discusses the state of the debate on the New Brandeis Movement in the United States and the possible impact of Neo-Brandeisianism on the antitrust enforcement in Poland. The article argues that while Polish antitrust never fully embraced the Chicago revolution, there are reasons to believe that it may move further towards the ‘welfarist’ goals of antitrust, which – in a similar vein as in the United States – might not be in line with the intended purpose of antitrust policy. Taking that into account, the article argues that a further discussion on the shape of Polish antitrust and its ordoliberal foundations might be advisable. The article concludes, however, that it is unclear whether the New Brandeis Movement will prove to be successful and that, ultimately, the role of antitrust might depend on external factors driving the debate on economic policy which go beyond simple antitrust considerations.

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