In his confirmation hearing, Justice Scalia told the Senators that, as a law school student, he had never really understood antitrust law; later, he learned that he shouldn't have understood it, because it did not make any sense then. It should come as no surprise, that in his subsequent time on the Court, Justice Scalia strove to rectify that problem, and succeeded through clearly written majority decisions that changed the direction of jurisprudence on monopolization (U.S. v. Trinko) and class certification in massive antitrust and other business class actions (Wal-Mart v. Dukes, Comcast v. Behrens), and powerful dissents. As a modern intellectual leader of the "Chicago school" of economics, Justice Scalia played an important role in shaping the Court's approach to antitrust law and hence development of the law in the lower courts. It is a good time to consider the impact of his legacy, including how lasting those decisions will be, whether and how the course of antitrust jurisprudence could change and who will take his place in the Court on these issues.
This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC.
Corporations, Securities & Antitrust: Justice Scalia's Contributions to Antitrust Law
1:45 p.m. – 3:15 p.m.
- Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit
- Ms. Deborah A. Garza, Partner, Covington & Burling LLP
- Prof. C. Scott Hemphill, Professor of Law, New York University School of Law
- Moderator: Hon. Douglas H. Ginsburg, U.S. Court of Appeals, District of Columbia Circuit
The Mayflower Hotel