American anti-monopoly movement over the past 50 years

Key highlights include:

• The intellectual shift from Chicago School's narrow consumer welfare standard to broader concerns about economic and political power

• Zephyr Teachout's crucial contributions through her books on corruption and monopoly power

• The rise of influential scholars like Lina Khan, Tim Wu, and Matt Stoller

• Key organizations driving the movement forward

• Recent policy developments under the Biden administration

• A forward-looking assessment of what might be achieved in the next decade

• The document places special emphasis on how Teachout's work connects traditional American concerns about corruption with modern monopoly problems, particularly in "Corruption in America" and "Break 'Em Up."

The American Anti-Monopoly Movement: A 50-Year History (1975-2025)

The Chicago School Era and Early Resistance (1970s-1980s)

The Rise of the Chicago School

The modern American anti-monopoly movement emerged largely in response to the Chicago School of economics, which revolutionized antitrust policy beginning in the 1970s. Led by scholars like Robert Bork and Richard Posner, this approach:

• Argued that economic efficiency and consumer welfare (primarily defined as low prices) should be the sole concern of antitrust policy

• Published influential works like Bork's "The Antitrust Paradox" (1978), which dramatically narrowed the scope of antitrust enforcement

• Successfully influenced judicial interpretation and government enforcement under the Reagan administration

Early Resistance

Even as the Chicago School dominated policy, several scholars maintained alternative views:

• John Kenneth Galbraith continued promoting his theory of "countervailing power" arguing that concentrated economic power required checks through government regulation or organized labor

• Alfred Kahn, while supporting some deregulation, warned about excessive consolidation in his work on airline deregulation and public utilities

• Walter Adams and James W. Brock co-authored "The Bigness Complex" (1986), challenging the notion that bigger was inherently more efficient

The Quiet Years: Antitrust Minimalism (Late 1980s-Early 2000s)

During this period, the Chicago School approach became deeply entrenched in judicial thinking and government policy. Both Republican and Democratic administrations generally followed a permissive approach to mergers and acquisitions. Antitrust enforcement focused narrowly on horizontal mergers and price-fixing cartels.

Notable intellectual developments during this period:

• Robert Reich highlighted concerns about economic concentration in "The Work of Nations" (1991)

• Lina Khan began her research as an undergraduate, examining the limitations of consumer welfare as the dominant antitrust standard

• Barry Lynn established the Markets, Enterprise, and Resiliency Initiative at the New America Foundation in 2002

The New Brandeis Movement Emerges (2008-2016)

The financial crisis of 2008 sparked renewed interest in economic power and its consequences. Several key developments marked this period:

• Barry Lynn published "Cornered: The New Monopoly Capitalism and the Economics of Destruction" (2010), documenting concerning trends in industrial concentration

• Zephyr Teachout published "Corruption in America: From Benjamin Franklin's Snuff Box to Citizens United" (2014), which reconnected political corruption with economic concentration

• Lina Khan published "Amazon's Antitrust Paradox" in the Yale Law Journal (2017), critiquing how existing antitrust frameworks failed to address Amazon's potential for anticompetitive behavior

• The Open Markets Institute was formed after splitting from New America Foundation This emerging group of scholars and activists became known as the "New Brandeis Movement," named after Supreme Court Justice Louis Brandeis, who was known for his opposition to monopolies and economic concentration in the early 20th century.

Mainstream Recognition and Political Impact (2016-2022)

During this period, anti-monopoly thinking moved from the fringes into mainstream political and economic discourse:

• Congressional investigations into tech companies began raising serious antitrust concerns

• Tim Wu published "The Curse of Bigness: Antitrust in the New Gilded Age" (2018), arguing for a return to stronger antitrust enforcement

• Zephyr Teachout published "Break 'Em Up: Recovering Our Freedom from Big Ag, Big Tech, and Big Money" (2020), providing a comprehensive critique of monopoly power across multiple sectors

• Matt Stoller published "Goliath: The 100-Year War Between Monopoly Power and Democracy" (2019), providing historical context for the movement

• Amy Klobuchar published "Antitrust: Taking on Monopoly Power from the Gilded Age to the Digital Age" (2021), bringing these ideas further into the political mainstream

• The Biden administration appointed several key anti-monopoly figures to important positions, including:

  • Lina Khan as Chair of the Federal Trade Commission

  • Tim Wu to the National Economic Council

  • Jonathan Kanter as head of the DOJ's Antitrust Division

Key Organizations Advancing the Movement

Several organizations have been crucial in developing and promoting anti-monopoly thinking:

• Open Markets Institute - Founded by Barry Lynn, became a hub for New Brandeis thinking

• American Economic Liberties Project - Founded by Sarah Miller, focusing on policy advocacy

• Institute for Local Self-Reliance - Led by Stacy Mitchell, focusing on local business impacts

• Thurman Arnold Project at Yale - Academic center studying competition policy

• Economic Security Project - Co-founded by Chris Hughes, supporting anti-monopoly research

• Roosevelt Institute - Providing economic policy research supporting the movement

Intellectual Foundations and Key Works

The modern anti-monopoly movement draws on several intellectual traditions:

1. The Progressive Era Anti-Trust Tradition

   • Louis Brandeis's writings on "the curse of bigness"

   • Thurman Arnold's enforcement approach as head of the DOJ Antitrust Division

2. New Deal Economic Democracy

   • Wright Patman's investigations into banking concentration

   • Emanuel Celler's work on the Celler-Kefauver Anti-Merger Act

3. Modern Legal and Economic Scholarship

   • Lina Khan's "Amazon's Antitrust Paradox" (2017)

   • Zephyr Teachout's "Corruption in America" (2014) and "Break 'Em Up" (2020)

   • Tim Wu's "The Curse of Bigness" (2018)

   • Maurice Stucke and Ariel Ezrachi's "Virtual Competition" (2016)

   • Matt Stoller's "Goliath" (2019)

   • David Dayen's "Monopolized: Life in the Age of Corporate Power" (2020)

Recent Developments and Current State (2022-2025)

The anti-monopoly movement has seen significant progress in recent years:

• Major antitrust cases against tech giants including Google, Apple, Meta, and Amazon

• New merger guidelines from the FTC and DOJ that significantly expand the scope of merger review

• Increased public awareness of monopoly issues across sectors including healthcare, agriculture, and telecommunications

• More aggressive state-level antitrust enforcement led by state attorneys general

• International cooperation on antitrust enforcement, particularly with the European Union

Looking Forward: The Next Decade (2025-2035)

Potential Achievements

1. Legislative Reform

   • Comprehensive updates to antitrust laws that go beyond the consumer welfare standard

   • Sector-specific regulation for dominant digital platforms

   • Strengthened merger review processes with shifted burdens of proof

2. Enforcement Evolution

   • More structural remedies (breakups) rather than behavioral remedies

   • Increased focus on labor market concentration and its effects on wages

   • Greater emphasis on protecting competition itself rather than just efficiency

3. Economic Restructuring

   • Potential breakups or significant structural changes to major tech companies

   • More distributed supply chains and manufacturing capacity

   • Revival of regional economic ecosystems and small business formation

4. Institutional Development

   • Strengthened FTC and DOJ Antitrust Division with increased funding and authority

   • New regulatory bodies specifically designed for digital markets

   • Enhanced international coordination on global monopoly issues

Challenges and Obstacles

1. Judicial Resistance

   • Conservative courts may continue to interpret antitrust laws narrowly

   • Legal challenges to new regulatory approaches could limit enforcement

2. Political Opposition

   • Well-funded opposition from affected industries

   • Potential changes in administration that could reverse policy direction

3. Implementation Complexities

   • Technical challenges in designing effective remedies for digital markets

   • Balancing innovation concerns with competition policy

   • Managing economic transitions to avoid disruption

Conclusion

The American anti-monopoly movement has undergone a remarkable revival over the past fifteen years, moving from an obscure academic concern to the center of economic policy debates. Building on intellectual foundations that connect economic concentration with political corruption and democratic decline, figures like Zephyr Teachout, Lina Khan, Tim Wu, and others have successfully challenged the dominant Chicago School paradigm that narrowed antitrust enforcement for decades.

The movement's success in the coming decade will depend on its ability to translate intellectual victories into durable policy changes and institutional reforms. If successful, the next ten years could see the most significant restructuring of American markets since the Progressive Era, with profound implications for economic opportunity, innovation, and democratic governance.

Detailed analysis focusing on Zephyr Teachout's constitutional approach to anti-monopoly thinking and how the movement relates to broader political developments.

Teachout's constitutional framework is particularly significant because it grounds modern anti-monopoly arguments in America's founding principles rather than just economic efficiency. Her work demonstrates that:

1. The Founders designed the Constitution with specific anti-corruption protections that included concerns about economic concentration

2. The original understanding of "corruption" was much broader than quid pro quo bribery—it encompassed systemic dependencies that undermine republican self-government

3. Citizens United represents a dangerous narrowing of this understanding, accelerating the feedback loop between economic and political power What makes Teachout's approach so powerful is how it connects seemingly technical antitrust issues to fundamental constitutional values. She argues that monopolistic control isn't just economically inefficient—it's a threat to the constitutional order itself.

How the anti-monopoly movement has evolved politically, from its bipartisan historical roots through the neoliberal consensus period, to today's fascinating convergence where both populist right and progressive left figures are challenging corporate concentration, albeit with different emphases.

The document examines connections to other movements (labor, racial justice, environmental sustainability), institutional progress under the Biden administration, and unresolved tensions within the movement itself.

Zephyr Teachout's Constitutional Anti-Monopoly Framework & Political Context

Teachout's Constitutional Dimensions of Anti-Monopoly Thinking

The Corruption Thesis

In "Corruption in America" (2014), Teachout makes a groundbreaking argument: the Founders designed the Constitution specifically to protect against corruption, which they understood in a much broader sense than simple quid pro quo bribery. This "anti-corruption principle" is foundational to constitutional design and interpretation.

Key elements of Teachout's constitutional argument:

1. Original Understanding of Corruption

   • The Founders viewed corruption as the use of public power for private ends

   • This included systemic corruption through economic dependency

   • Monopolies were understood as a form of corruption that undermined republican government

2. Constitutional Safeguards Against Economic Concentration

   • Emoluments Clauses were designed to prevent foreign economic influence

   • The Title of Nobility Clause aimed to prevent aristocratic control of the economy

   • Separation of powers was partly intended to prevent private interests from capturing public authority

3. Constitutional History of Economic Power

   • Teachout traces how the courts initially maintained checks on concentrated power

   • Supreme Court cases like Munn v. Illinois (1877) recognized the public's interest in regulating concentrated economic power

   • The Progressive Era's anti-trust movement was grounded in these constitutional concerns

From Citizens United to Economic Concentration

Teachout draws a direct line from the Supreme Court's decision in Citizens United v. FEC (2010) to broader problems of economic concentration.

• The decision reflects a narrow understanding of corruption limited to explicit quid pro quo exchanges

• This undermines the Founders' broader conception of corruption as systemic dependency

• By allowing unlimited corporate political spending, the decision accelerates the feedback loop between economic and political power

In "Break 'Em Up" (2020), Teachout extends this analysis to demonstrate how monopolistic corporations exercise quasi-governmental powers without democratic accountability:

• Private governance through terms of service agreements Control over public discourse in digital spaces

• The power to determine economic winners and losers

• The ability to shape regulatory frameworks through lobbying and revolving door relationships

The Constitutional Case for Anti-Monopoly

Teachout's work establishes that anti-monopoly enforcement is not just good economic policy but constitutionally necessary:

1. Republican Government Requires Economic Independence

   • Citizens must have meaningful economic autonomy to participate in self-governance

   • Monopolistic control over essential services undermines this independence

2. Separation of Private and Public Power

   • The Constitution presumes distinctions between public and private authority

   • Monopolies blur these lines through their quasi-governmental functions

3. First Amendment Implications

   • Monopolies over communication infrastructure threaten free expression

   • Media concentration undermines the "marketplace of ideas" necessary for democratic discourse

4. Federalism Concerns

   • Economic concentration undermines state sovereignty

   • Digital monopolies can override local regulatory authority

The Anti-Monopoly Movement and Broader Political Developments

Bipartisan Evolution

The anti-monopoly movement has experienced a fascinating political evolution:

1. Traditional Conservative Support

   • Historical Republican support for antitrust (Theodore Roosevelt, the "trust-buster")

   • Conservative concerns about centralized power and preference for distributed economic systems

2. New Left Critique (1960s-1970s)

   • Ralph Nader's consumer advocacy challenged corporate power

   • Critiques of corporate concentration as undermining community self-determination

3. Neoliberal Consensus (1980s-2010s)

   • Both parties embraced Chicago School efficiency focus

   • Democrats under Clinton/Obama and Republicans under Reagan/Bush maintained similar approaches

4. Recent Bipartisan Convergence

   • Populist right (Josh Hawley, Ted Cruz) increasingly critical of Big Tech

   • Progressive left (Elizabeth Warren, Bernie Sanders) emphasizing economic concentration

   • Common concerns about power, albeit with different emphases

Anti-Monopoly and Labor Politics

The relationship between labor organizing and anti-monopoly thinking has evolved significantly:

1. Historical Alliance

   • Early labor movement recognized monopolies as threats to worker power

   • Louis Brandeis specifically connected worker rights with anti-monopoly enforcement

2. Mid-Century Divergence

   • Some labor leaders preferred dealing with large stable employers

   • "Countervailing power" theory suggested unions could balance corporate power

3. Contemporary Reconnection

   • Modern research shows market concentration depresses wages

   • Labor organizations increasingly support anti-monopoly policies

   • Focus on monopsony power in labor markets as an antitrust concern

Intersections with Other Social Movements

The anti-monopoly movement connects with several other contemporary social concerns:

1. Racial Justice

   • Research by scholars like Mehrsa Baradaran connects monopoly power with racial wealth gaps

   • Monopolistic practices often disproportionately harm minority-owned businesses

   • Teachout explicitly addresses these connections in "Break 'Em Up"

2. Environmental Sustainability

   • Monopolies in agriculture drive environmentally damaging practices

   • Concentrated power in fossil fuel industries blocks climate action

   • Local, distributed economic alternatives often align with sustainability goals

3. Rural Revitalization

   • Anti-monopoly thinking connects with concerns about rural economic decline

   • Agricultural concentration has hollowed out farming communities

   • Monopolistic control of supply chains undermines local businesses

Political Institutionalization of Anti-Monopoly Ideas

The movement has achieved remarkable institutional recognition across the political spectrum:

Executive Branch Integration

The Biden administration has incorporated anti-monopoly thinking at unprecedented levels.

• Lina Khan as FTC Chair represents the intellectual vanguard of the movement

• Jonathan Kanter leading DOJ Antitrust brings aggressive enforcement approach

• Tim Wu at the National Economic Council helped craft the administration's competition policy

• Executive Order on Competition (July 2021) directed whole-of-government approach

Congressional Action

Anti-monopoly concerns have gained traction in Congress:

• House Judiciary Committee's investigation into digital markets (2020)

• Bipartisan support for tech regulation bills

• Senator Amy Klobuchar's comprehensive antitrust reform proposals

• Representative David Cicilline's leadership on antitrust subcommittee

State-Level Implementation

State attorneys general have become crucial anti-monopoly enforcers:

• Multistate lawsuits against Google and Facebook

• State-level antitrust reforms in New York, California

• Local procurement policies promoting economic diversity

Tensions and Contradictions Within the Movement

The anti-monopoly movement contains several unresolved tensions:

1. Efficiency vs. Democracy

• How to balance economic performance with democratic concerns

• Whether certain efficiencies should be sacrificed for broader distribution of power

1. Technocratic vs. Democratic Implementation

• Should antitrust be primarily expert-driven or politically accountable?

• How to balance technical expertise with democratic direction

1. National Security Considerations

• Tensions between breaking up large companies and maintaining international competitiveness

• Concerns about Chinese technological and economic influence

1. Innovation Debates

• Whether concentration promotes or hinders innovation

• How to design policies that promote both competition and technological advancement

Future Political Trajectories

Looking ahead, several political developments could shape the anti-monopoly movement:

1. Populist Convergence

• Potential for right-populist and left-populist convergence on certain anti-monopoly policies

• Growing bipartisan consensus on Big Tech regulation

1. Institutional Entrenchment

• Building anti-monopoly thinking into agencies beyond FTC/DOJ

• Developing career paths for public servants committed to competition policy

1. Global Coordination

• Alignment with European regulatory approaches

• Development of international standards for economic concentration

1. Democratic Ownership Alternatives

• Exploration of cooperatives, public options, and commons-based alternatives

• Connecting anti-monopoly with broader economic democracy initiatives

Teachout's Vision for Democratic Renewal

Teachout's work ultimately presents anti-monopoly policy as essential to democratic renewal:

1. Economic Liberty as Precondition for Political Liberty

• Citizens need meaningful economic choices to exercise political freedom

• Concentrated markets undermine both economic and political agency

1. Anti-Monopoly as Anti-Corruption

• Breaking up concentrated power reduces opportunities for corruption

• Distributed economic systems create more accountability

1. Constitutional Restoration

• Anti-monopoly enforcement as restoration of constitutional vision

• Reclaiming the Founders' concerns about economic power

1. Civic Republican Tradition

• Drawing on American tradition of economic independence

• Connecting liberty with resistance to domination in all forms

Teachout's constitutional approach provides the anti-monopoly movement with historical legitimacy, theoretical coherence, and moral urgency that purely economic arguments lack. By connecting contemporary concerns about corporate power with founding-era worries about corruption and dependency, she offers a framework that transcends traditional left-right divisions and speaks to core American values of self-governance and liberty.

I've created a comprehensive analysis of both the practical policy implications of Teachout's constitutional approach and the international dimensions of the anti-monopoly movement.

The policy implications section shows how Teachout's constitutional framework fundamentally transforms potential policy interventions by:

1. Reimagining antitrust standards - Moving beyond consumer welfare to process-based competition standards that consider citizens' multiple roles in society

2. Justifying structural separations - Supporting platform/commerce separations, essential facility regulations, and media ownership limits as constitutional imperatives, not just economic choices

3. Promoting democratic alternatives - Legitimizing public options, community ownership models, and cooperative structures as constitutional necessities

4. Leveraging government procurement - Using government spending power to promote competitive markets through anti-concentration rules and supply chain diversity requirements

5. Enabling new litigation strategies - Supporting First Amendment arguments against private speech control and constitutional challenges to corporate governance powers

The international analysis highlights several key developments:

1. European regulatory leadership - The Digital Markets Act and Digital Services Act represent a shift toward ex-ante rules rather than case-by-case enforcement

2. Global South perspectives - Competition policy in developing nations often emphasizes equity, access, and resistance to digital colonialism

3. Emerging coordination mechanisms - Forums like the International Competition Network and G7/G20 initiatives creating frameworks for global collaboration

4. Trade agreement tensions - How international trade deals can contain both pro-monopoly and anti-monopoly provisions

5. Corporate adaptation strategies - Multinational companies developing sophisticated responses through regulatory arbitrage and political influence

What's particularly valuable about Teachout's approach in the international context is how it identifies universal democratic values that transcend jurisdictional boundaries while respecting sovereignty and subsidiarity principles.

Practical Policy Implications of Teachout's Constitutional Approach & International Dimensions of the Anti-Monopoly Movement

Policy Implications of Teachout's Constitutional Framework

Zephyr Teachout's constitutional approach to anti-monopoly thinking fundamentally reframes how we might approach policy design and implementation. By grounding anti-monopoly work in constitutional principles rather than merely economic efficiency, her framework enables a much broader range of policy interventions.

1. Reimagining Antitrust Standards and Legal Tests

Moving Beyond Consumer Welfare

Teachout's approach provides a constitutional foundation for abandoning the narrow "consumer welfare" standard that has dominated antitrust since the Chicago School revolution. Instead, her framework supports:

• Process-based competition standards that protect the competitive process itself, not just outcomes

• Structural presumptions against high levels of concentration, regardless of demonstrated harm

• Citizen welfare standards that consider people as workers, community members, and citizens—not just consumers

• Democratic process standards that evaluate how market structures impact political participation

Practical Applications:

• Revising merger guidelines to include political economy considerations

• Developing legal tests that presume harm from certain levels of concentration

• Establishing separate standards for industries that impact democratic functions (media, communications, etc.)

2. Sectoral Regulation and Structural Separations

Teachout's constitutional approach justifies more aggressive structural interventions based on the principle that certain forms of power shouldn't be concentrated in private hands:

Structural Separations

Rather than just behavioral remedies that try to manage bad behavior, Teachout's framework supports preventative structural separations:

• Platform/commerce separations preventing companies from both operating platforms and competing on them

• Essential facility/service provider distinctions similar to public utility regulations

• Media ownership limitations preventing control of too many information channels

• Banking/commerce divisions reinstating Glass-Steagall-type separations

Practical Applications:

Search neutrality requirements for dominant search engines Prohibitions on self-preferencing for dominant platforms Ownership caps in media and essential services Line-of-business restrictions for dominant firms

3. Public Options and Democratic Alternatives

If economic concentration threatens constitutional values, then creating democratic alternatives becomes a constitutional imperative:

• Public options in essential services and infrastructure

• Community ownership models for local media and utilities

• Cooperative structures as alternatives to corporate monopolies

• Commons-based approaches to shared resources and infrastructure

Practical Applications:

Public banking options Municipal broadband networks Cooperative ownership models for platform businesses Data commons and public digital infrastructure

4. Procurement and Government Market-Making

Teachout emphasizes that government spending can be a powerful anti-monopoly tool:

• Anti-concentration procurement rules favoring smaller businesses

• Local preference policies supporting geographic distribution of economic activity

• Supply chain diversity requirements preventing single-source vulnerabilities

• Public license conditions requiring competitive practices

- Practical Applications:

Breaking up large government contracts into smaller pieces

• Set-asides for small and medium enterprises

• Geographic distribution requirements for government contractors

• Open access requirements for intellectual property developed with public funds

5. Constitutional Litigation Strategies

Teachout's framework suggests new litigation approaches beyond traditional antitrust cases:

• First Amendment arguments against private speech control

• Emoluments-based challenges to certain forms of corporate influence

• Republican guarantee clause claims regarding corporate governance powers

• Due process challenges to arbitrary private power

Practical Applications:

• Constitutional challenges to platform content moderation

• Litigation targeting corporate capture of regulatory processes

• State constitutional amendments protecting economic liberty

6. Democratic Process Reforms

Addressing the feedback loop between economic and political power:

• Campaign finance reforms targeting concentrated corporate influence

• Lobbying restrictions specific to dominant firms

• Revolving door prohibitions preventing regulatory capture

• Shareholder political spending disclosure requirements

Practical Applications:

• Industry-specific lobbying limitations

• Extended cooling-off periods for regulators from concentrated industries

• Democratic governance requirements for essential platforms

International Dimensions of the

Anti-Monopoly Movement

The anti-monopoly movement has become increasingly global, with significant developments across jurisdictions creating both challenges and opportunities.

1. European Leadership and Regulatory Primacy

Europe has taken the lead in challenging monopoly power, particularly in digital markets:

Digital Markets Act (DMA) and Digital Services Act (DSA)

• Establishes ex-ante rules for digital "gatekeepers" rather than case-by-case enforcement

• Prohibits self-preferencing, requires interoperability, mandates data access

• Creates ongoing compliance obligations rather than one-time remedies

General Data Protection Regulation (GDPR)

• Established data rights that limit data monopolization

• Created compliance burdens that smaller firms struggle to meet

National Initiatives

• German competition law amendments specifically targeting digital platforms

• French digital taxes addressing market power concerns

• UK's Digital Markets Unit creating specialized regulatory framework

Lessons for US Advocates:

• Ex-ante regulatory frameworks may be more effective than case-by-case enforcement

• Sector-specific regulation can complement general competition law

• Data governance is inseparable from competition policy

2. Global South Perspectives and Initiatives

Anti-monopoly thinking in the Global South often emphasizes different concerns:

Development and Industrial Policy Dimensions

• South Africa's focus on racial equity in competition policy

• India's e-commerce rules protecting small retailers

• Brazil's emphasis on inequality in competition analysis

Access to Essential Goods and Services

• Pharmaceutical patent challenges in countries like India

• Agricultural concentration concerns in Brazil and Argentina

• Mobile money platform regulation in Kenya

Potential for New Forms of Digital Colonialism

• Concerns about Big Tech replacing traditional colonial powers

• Digital sovereignty movements across multiple regions

• Data localization requirements as resistance to concentration

Lessons for US Advocates:

• Incorporating equity and access considerations into anti-monopoly frameworks

• Recognizing international power dynamics in digital governance

• Connecting anti-monopoly with broader development goals

3. International Coordination Mechanisms

Several forums for international coordination on monopoly issues are emerging:

International Competition Network

• Information sharing between competition authorities

• Best practice development and case coordination

• Training and capacity building for newer agencies

G7/G20 Digital Competition Initiatives

• Efforts to establish common approaches to digital competition

• Coordination on tax avoidance by multinational corporations

• Shared enforcement priorities and approaches

OECD Competition Guidelines

• Research and policy development on digital competition

• Recommendations on merger control and abuse of dominance

• Economic analysis on market definition and algorithmic collusion

Challenges and Opportunities:

• Jurisdictional conflicts and regulatory arbitrage

• Procedural divergence despite substantive alignment

• Potential for regulatory export or convergence

4. Digital Trade Agreements and Competition Provisions

Trade agreements increasingly address competition policy, sometimes in contradictory ways:

Pro-monopoly Provisions

• Intellectual property protections exceeding domestic standards

• Restrictions on data localization that benefit incumbent platforms

• Regulatory harmonization that locks in status quo approaches

Anti-monopoly Provisions

• Competition chapters requiring minimum enforcement standards

• Regulatory cooperation mechanisms for cross-border cases

• State aid and subsidy disciplines limiting government favoritism

Emerging Tensions:

• Digital sovereignty claims versus open digital trade

• National security exceptions to competition rules

• Data governance conflicts between jurisdictions

5. Corporate Adaptation to Global Anti-Monopoly Pressure

Multinational corporations are developing sophisticated responses to global anti-monopoly initiatives:

Regulatory Arbitrage Strategies

• Corporate structuring to minimize regulatory exposure

• Forum shopping for favorable jurisdictions

• Exploiting gaps between regulatory regimes

Political Influence Across Jurisdictions

• Coordinated lobbying across multiple countries

• Using trade agreements to constrain national regulations

• Leveraging geopolitical tensions to avoid regulation

Technological Circumvention

• Technical design choices that evade regulatory definitions

• Integration strategies that blur product boundaries

• Self-preferencing mechanisms that are difficult to detect

6. Teachout's Framework in the International Context

Teachout's constitutional approach offers valuable insights for international anti-monopoly efforts:

Universal Democratic Values

• While constitutional specifics differ, democratic concerns about private power resonate globally

• Corruption concerns transcend jurisdictional boundaries

• Republican self-governance values have parallels in many political traditions

Sovereignty and Subsidiarity

• Teachout's emphasis on local democratic control aligns with digital sovereignty movements

• Constitutional approach values decision-making at appropriate levels of governance

• Framework respects different democratic traditions while identifying common threats

Beyond Economic Efficiency

• Provides language and concepts for challenging purely economic analysis

• Helps bridge differences between consumer welfare and public interest traditions

• Offers normative foundation for international coordination

The Path Forward: Integrating Constitutional and International Approaches

A comprehensive anti-monopoly agenda must integrate Teachout's constitutional insights with international realities:

1. Constitutional Anti-Monopoly Diplomacy

Developing a foreign policy approach to monopoly power:

• Democratic digital alliance building around shared anti-monopoly principles

• Constitutional dialogue between jurisdictions on appropriate limits to private power

• Anti-corruption coordination addressing multinational corporate influence

• Democratic technology standards developed through multi-stakeholder processes

2. International-Domestic Policy Coordination

Creating coherent policies that work across borders:

• Interoperability between regulatory regimes to prevent contradictory requirements

• Mutual recognition of compatible anti-monopoly approaches

• Information sharing between competition authorities with constitutional mandates

• Coordinated remedies for global monopolies

3. Corporate Accountability Across Borders

Addressing the reality of multinational corporate power:

• Extraterritorial application of anti-monopoly laws to protect constitutional values

• Supply chain accountability for monopolistic practices in global production networks

• Global merger review coordination preventing harmful international consolidation

• Anti-monopoly provisions in international investment agreements

4. Democratically-Aligned Technology Development

Creating technological alternatives to monopolistic systems:

• Open standards development ensuring technology serves democratic values

• Interoperable protocols preventing network effects from creating winner-take-all markets

• Distributed technology governance reflecting constitutional principles

• Public and commons-based digital infrastructure as alternatives to private monopolies

Conclusion: Teachout's Vision in a Global Context

Teachout's constitutional anti-monopoly framework provides both practical policy guidance and moral clarity for addressing economic concentration within and across borders. Her approach recognizes that monopoly power threatens the foundations of self-governance regardless of jurisdiction, while allowing for democratic variation in specific implementation.

By grounding anti-monopoly work in fundamental democratic principles rather than technical economic analysis alone, Teachout offers a universal language for building international coordination while respecting national sovereignty. The resulting policy agenda is both more ambitious in its scope and more defensible in its justification than approaches based solely on economic efficiency.

As the anti-monopoly movement continues to develop globally, Teachout's constitutional insights provide a crucial bridge between American traditions and international concerns, between technical policy design and democratic values, and between legal doctrine and practical governance. Her framework reminds us that the ultimate goal of anti-monopoly work is not just better market outcomes but the preservation and extension of democratic self-governance in the face of concentrated private power.