The Roberts Court Turn to the Left?
6 Pages Posted: 6 Mar 2015
Date Written: August 1, 2014
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.
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