Hittinger, Perlman Examine Antitrust Opinions of Justice Scalia

Articles / March 8, 2016

Partner Carl Hittinger and Associate Julian Perlman authored an article published March 5, 2016, in The Legal Intelligencer and in The American Lawyer. The article, “Justice Scalia’s Antitrust Legacy: Part 1, The Majority Opinions,” examines the three substantive antitrust opinions authored by the late U.S. Supreme Court Justice Antonin Scalia for the majority of the Court during his 30 years there. Hittinger and Perlman note Scalia:

[F]requently presumed that antitrust defendants—alleged monopolists in each case—were likely just sheep, living in a world that all too quickly presumed them to be wolves. As can be seen from a review of those majority opinions, Scalia rejected the notion that, without more, one could presume that an anticompetitive effect revealed anticompetitive motive or conduct, even when such a conclusion was equally plausible.”

Read the article.