In the second of a two-part series about the antitrust writings of the late Supreme Court Justice Antonin Scalia, Partner Carl Hittinger and Associate Julian Perlman authored an article published May 1, 2016, in The Legal Intelligencer and in The American Lawyer. The article, “Scalia’s Antitrust Legacy: Part 2, The Dissenting Opinions,” examines the three dissenting opinions authored Scalia in substantive antitrust cases. Hittinger and Perlman note:
In all three dissents, when faced with anticompetitive conduct—such as blackballing a physician who refused to charge unnecessary fees to patients or successfully conspiring to eliminate an entire industry of aftermarket parts and service providers—Scalia would have prevented the application of the antitrust laws on the basis that the conduct at issue was just not the sort of conduct the antitrust laws were designed to regulate, in his view.
Read the article.
In March, Hittinger and Perlman authored an article examining Justice Scalia’s majority opinions in antitrust cases.