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Tech Policy Podcast

428: New Right Antitrust: Culture War Over Consumer Welfare

Tech Policy Podcast

TechFreedom

Technology

4.846 Ratings

🗓️ 28 January 2026

⏱️ 64 minutes

🧾️ Download transcript

Summary

Thom Lambert (Mizzou Law) discusses the Trump II administration’s new right antitrust regulators. Stay calm everyone, they just want the discretion to reward friends and punish enemies. Correction: Contrary to the claim at 34:00, Andrew Ferguson was not on the FTC when it repealed the Section 5 policy statement (2022) or issued the latest merger guidelines (2023). We regret the error. Links: ‘New Right’ Antitrust (https://tinyurl.com/5xureh8p) New Right vs. Conservative Antitrust (https://tinyurl.com/4hnh7jy9) The Limits of Antitrust (https://tinyurl.com/yp2a268f)

Transcript

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0:00.0

PIPA.

0:07.0

PIPA. 50 years ago, a movement that came to be known as the new right embraced, as part of its

0:31.4

reform agenda, the Chicago School of Antitrust and the Consumer Welfare Standard.

0:38.4

A more rational antitrust policy became one of the hallmarks and greatest, most lasting

0:45.3

successes of the Reagan Revolution. For decades, Chicago school principals have defined

0:52.4

American antitrust law. In recent years, that consensus

0:57.7

has come under sustained pressure from multiple directions. The Biden administration's

1:03.8

antitrust regulators, often described as neo-brandizians, mounted a challenge from the left. Now, under the Trump administration,

1:15.0

a new generation of conservative antitrust officials is attacking from the right. Live long enough,

1:22.4

and all that was new becomes old. And for that matter, much that was old becomes new. Today,

1:30.8

New Wright describes not the conservatives of the Chicago school, but rather the conservatives who

1:38.1

seek to displace it. What does this new, new right want?

1:45.0

Is it advancing a coherent philosophy?

1:49.0

Or, as my guest today writes, is its most distinctive feature going to be the use of its enforcement authority to procure deals that advance conservative causes even when the law does not require it.

2:05.3

Welcome back to the Tech Policy Podcast. I'm Corbyn Barthold. I'm most pleased to welcome to the show,

2:14.2

Professor Tom Lambert, the wall chair in corporate law and governance at the University

2:19.5

of Missouri School of Law.

2:22.1

Tom wrote a great article in pro-market, New Right versus Conservative Antitrust, which will ground

2:30.4

our conversation.

2:32.7

Tom, welcome, sir. Thank you, Corby. It's a real pleasure to be on this

2:38.6

podcast. I've enjoyed listening to it in the past, and I'm a really honor to have been invited to

2:43.2

talk with you. I should have also mentioned your book in the opening, Tom, how to regulate,

...

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