The SCP Paradigm Revisited: What Structuralism Really Contributed to U.S. Antitrust

Authors: Patrice Bougette, Frédéric M. Marty
Cited by: 0

Abstract

This article examines the Structure-Conduct-Performance (SCP) paradigm that dominated U.S. antitrust policy until the 1970s, before being displaced by the Chicago School and, from the 1980s onwards, by Post-Chicago analysis, i.e., modern industrial organization. Long portrayed as indifferent to firms’ conduct and to economic efficiency, structuralism has been subject to a persistent “black legend.” This contribution reassesses that critique by examining: (i) the evolution of structuralism between the 1940s and the 1970s; (ii) the influence of a deconcentrationist perspective embedded in a particular legal interpretation of U.S. antitrust rules; (iii) the implications of the digital economy for contemporary analyses of market structures; and (iv) the SCP paradigm’s legacy in Neo-Brandeisian and conservative antitrust thought.

Fields of Study & Subjects

Legal and Constitutional Studies Merger and Competition Analysis Economic Theory and Institutions

Publication details

Journal / source
HAL
Publication date
9 February 2026
Language
EN
Document type
Preprint