Antitrust LawCarl W. Hittinger And TYson Y. Herrold, The Legal Intelligencer
The Antitrust Points of View of Supreme Court Nominee Neil Gorsuch
Last March, we wrote a series of articles discussing Supreme Court Justice Antonin Scalia's antitrust legacy on the Supreme Court. We noted Scalia's admitted discomfort with the Sherman Act, specifically with holding corporate defendants, even monopolists, liable absent strong evidence of anti-competitive conduct. His likely successor appears to possibly hold similar views of the antitrust laws, ostensibly applying the Sherman Act to avoid replacing procompetitive, free-market behavior with judicially imposed, anti-competitive fiat, based on the record presented.
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