Carl Hittinger, Tyson Herrold Examine Nominee Gorsuch's Private Practice Record on Antitrust Issues

Articles / March 14, 2017

Partner Carl Hittinger and Associate Tyson Herrold authored an article published in the March 6, 2016, issue of The Legal Intelligencer. The article, “Antitrust Legacy of High Court Nominee Gorsuch in Private Practice,” examines the antitrust trial record of U.S. Supreme Court nominee Neil Gorsuch.

In particular, Hittinger and Herrold discuss Conwood v. United States Tobacco, in which Gorsuch represented Conwood in a predatory conduct case and achieved a $1.05 billion award for Conwood. Gorsuch argued that aggressive marketing actions, executed on a wide scale and encouraged by upper-level management, presented a pattern of anticompetitive action, thus violating the Sherman Act.

Hittinger and Herrold conclude: “Gorsuch’s work on the Conwood case demonstrates that he is not only an experienced antitrust trial lawyer, but that he is willing to push the antitrust envelope and pioneer antitrust ideas in a creative and thoughtful way.”

Read the article.

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