Neo-Brandeisian and other legal scholars generally associate Brandeis with America’s own anti-monopoly traditions. Yet Brandeis himself drew inspiration from developments unfolding across the Atlantic, and in contrast to Postwar America, where many of his institutional insights were eventually abandoned, the European competition regime has gradually gravitated toward an increasingly Brandeisian approach.

By studying American courts from a comparative perspective, an important truth emerges: our judiciary is not simply compositionally conservative, at particular moments in history, but structurally conservative, as an institution.