Carl Hittinger, Jeanne-Michele Mariani Article Examines Antitrust Opinions of Ruth Bader Ginsburg

Articles / October 2, 2020

Partner Carl Hittinger and Associate Jeanne Michele Mariani authored an article published by The Legal Intelligencer on Oct. 2, 2020. The article, “The Antitrust Legacy of Justice Ruth Bader Ginsberg,” analyzes the antitrust views of Ginsberg as a judge and justice. Hittinger and Mariani note that Ginsburg’s opinions regarding antitrust matters are limited; she usually voted with the majority in significant decisions but did vote with the dissent on some notable decisions including Leegin and Twombly.

However, in 2006, in Volvo Trucks North American v. Reeder-Simco GMC, the court, led by Ginsburg, reversed an Eighth Circuit ruling that a truck manufacturer had violated the Robinson-Patman Act when it gave smaller discounts on custom-made trucks to the plaintiff retailer than it had given to other retailers of custom-made trucks. Writing for the Court, Ginsburg held that because the alleged price discrimination did not concern direct competition between the retailers, the plaintiff retailer had failed to show competitive injury as required by the Robinson-Patman Act.

Read the article.