The Roberts Court Turn to the Left?

6 Pages Posted: 6 Mar 2015

See all articles by Richard Brunell

Richard Brunell

affiliation not provided to SSRN

Date Written: August 1, 2014

Abstract

This essay discusses the Roberts Court's recent antitrust cases, which have favored plaintiffs, and considers whether this represents a shift in attitude.

Until American Needle, antitrust plaintiffs had not won a case in the Supreme Court since 1993. Under Chief Justice Roberts, plaintiffs had lost eight straight cases, half unanimously. The last loss, linkLine, was a low point for plaintiffs as Justice Roberts’s majority opinion effectively overruled Judge Hand’s venerated Alcoa decision recognizing a price squeeze as an independent Section 2 violation, while the four more liberal concurring justices would have dismissed the complaint under an expansive regulatory immunity theory.

Keywords: antitrust

Suggested Citation

Brunell, Richard, The Roberts Court Turn to the Left? (August 1, 2014). Antitrust Magazine, Vol. 28, No. 3, 2014, Available at SSRN: https://ssrn.com/abstract=2573935

Richard Brunell (Contact Author)

affiliation not provided to SSRN

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