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The Roberts Court and the Chicago School of Antitrust: The 2006 Term and Beyond

Competition Policy International, Vol. 3, No. 2, pp. 24-57, Autumn 2007

George Mason Law & Economics Research Paper No. 07-41

35 Pages Posted: 9 Nov 2007  

Joshua D. Wright

George Mason University - Antonin Scalia Law School, Faculty

Abstract

The U.S Supreme Court issued four antitrust decisions this term (the most it has issued since the 1989-1990 term) and seven cases over the past two years. The antitrust activity level of the Roberts Court thus far has exceeded the single case average of the Court prior to the 2003-2004 term by a significant margin. What can be said of the Roberts Court's antitrust jurisprudence? This article examines the quartet of Supreme Court decisions issued during the 2006-2007 term in an attempt to identify and characterize the antitrust philosophy of the Roberts Court. I argue that the Roberts Court decisions embrace the Chicago School of antitrust analysis and predict that the antitrust jurisprudence of this Court will increasingly reflect this influence.

Keywords: Chicago School, antitrust, Leegin, Twombly, Supreme Court, resale price maintenance, vertical restraints, Dr. Miles, Harvard School, stare decisis, Weyerhaeuser, predatory bidding

JEL Classification: B00, B30, B40, K21, L00, L40

Suggested Citation

Wright, Joshua D., The Roberts Court and the Chicago School of Antitrust: The 2006 Term and Beyond. Competition Policy International, Vol. 3, No. 2, pp. 24-57, Autumn 2007; George Mason Law & Economics Research Paper No. 07-41. Available at SSRN: https://ssrn.com/abstract=1028028

Joshua Wright (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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