Leah Brannon, Douglas Ginsburg, Nov 05, 2007
In this article we suggest that the U.S. Supreme Court, far from indulging a pro-defendant or anti-antitrust bias, is methodically re-working antitrust doctrine to bring it into alignment with modern economic understanding. Over the last four decades, the Court has increasingly:
- (1) decided antitrust cases in favor of defendants;
- (2) issued antitrust opinions subscribed to by two-thirds or more of the Justices;
- (3) decided antitrust cases in the manner recommended by the Solicitor General; and
- (4) expre
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