A Reluctant Standard-Bearer for Chicago-School Antitrust

6 Pages Posted: 8 Jul 2016 Last revised: 23 Aug 2016

See all articles by Max Huffman

Max Huffman

Indiana University Robert H. McKinney School of Law

Date Written: July 1, 2016

Abstract

Justice Scalia was part of the intellectual ferment that gave rise to the deregulatory mindset in the 1970s and 1980s. He was involved in the intellectual conversations around ideas including textualist interpretive philosophy (statutes), originalist interpretation (constitutions), and free-market economic thought. Justice Scalia adopted the originalist philosophy from Judge Bork and advanced it from the pulpit of the Supreme Court. For the most part, he did not take the same leadership role in advancing the Chicago School tradition in antitrust. It would be impossible, however, in light of his long tenure on the Court and his engagement with the core intellectual philosophies that underlie much of modern antitrust, for him not to have had an impact on the body of law. And in Kodak (dissenting), Empagran (concurring), and Trinko (for the majority), he did.

Keywords: antitrust, justice scalia, chicago school, supreme court

Suggested Citation

Huffman, Max, A Reluctant Standard-Bearer for Chicago-School Antitrust (July 1, 2016). CPI Antitrust Chron., Summer 2016; Indiana University Robert H. McKinney School of Law Research Paper No. 2016-28. Available at SSRN: https://ssrn.com/abstract=2806729

Max Huffman (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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