Antitrust Decisions of the U.S. Supreme Court, 1967 to 2007

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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