Daniel Francis

Daniel Francis teaches antitrust at NYU School of Law, where he writes about competition and regulation. From 2018-21 he served in the Federal Trade Commission’s Bureau of Competition, most recently as Deputy Director, and previously as Associate Director for Digital Markets and Senior Counsel. He earlier spent a decade as an antitrust lawyer in private practice. He is the co-author, with Christopher Jon Sprigman, of Antitrust: Principles, Cases, and Materials, a free antitrust casebook currently in its second edition.

After Neo-Brandeis

Daniel Francis reviews the evolutionary and revolutionary dimensions of the Biden administration’s antitrust work, and argues that these two projects have been in deep tension. He concludes that the administration’s evolutionary work within the welfarist paradigm has generated some important successes, but that the revolutionary effort to restore a pre-welfarist vision of antitrust has failed on its own terms — and, in failing, has left welfarism all the stronger.

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