The Federalist Society

The Roberts Court Antitrust Jurisprudence: The Chicago School Marches On

October 1, 2007

Joshua D. Wright

The Supreme Court issued four antitrust decisions this term—(the most since the 1989-90 term)—and seven cases over the past two years. The antitrust activity level of the Roberts Court thus far has exceeded the single case average of the Court prior to the 2003-04 term by a significant margin. In addition to these decisions, the Roberts Court requested input from the government in six antitrust cases over the past three years. This flurry of antitrust activity, combined with an apparent willingness to reconsider long established precedents that conflict with modern antitrust theory, suggest that the Roberts Court will play a relatively significant role in shaping antitrust doctrine for years to come....

The Roberts Court's Antitrust Jurisprudence: The Chicago School Marches On  


The Federalist Society