http://truthonthemarket.com/2006/02/18/bargaining-in-the-shadow-of-justice-alito/ Academic commentary on law, business, economics and more Sun, 12 Feb 2012 23:39:41 +0000 hourly 1 http://wordpress.com/ http://truthonthemarket.com/2006/02/18/bargaining-in-the-shadow-of-justice-alito/#comment-5528 Mon, 20 Feb 2006 00:04:25 +0000 http://www.truthonthemarket.com/2006/02/18/bargaining-in-the-shadow-of-justice-alito/#comment-5528 Indeed, it will be interesting to see how antitrust doctrine will continue to evolve. A clue may be the court’s recent Reeder-Simco decision–a case in which Chief Justice Roberts participated on the side of a 7-2 majority with Justices Stevens and Thomas in dissent–which narrowed the reach of the Robinson-Patman Act.

]]> http://truthonthemarket.com/2006/02/18/bargaining-in-the-shadow-of-justice-alito/#comment-5527 Sun, 19 Feb 2006 23:52:51 +0000 http://www.truthonthemarket.com/2006/02/18/bargaining-in-the-shadow-of-justice-alito/#comment-5527 Good point Keith — though I may be slightly less confident than you that O’Connor would have agreed with Alito on the LePage’s issue (at least, I’m just not sure). The press release suggests some of the other forces driving the settlement, e.g. IRI had already lost some important motions on the above-cost bundling theory. Regardless, it will be very interesting to watch what sort of impact the new SCOTUS members have on antitrust.

]]> http://truthonthemarket.com/2006/02/18/bargaining-in-the-shadow-of-justice-alito/#comment-5526 Sun, 19 Feb 2006 22:49:22 +0000 http://www.truthonthemarket.com/2006/02/18/bargaining-in-the-shadow-of-justice-alito/#comment-5526 Very interesting, Josh. I wonder whether there will be a discernible difference in antitrust doctrine on account of Justices Roberts and Alito replacing Rehnquist and O’Connor. My sense is that there likely won’t be. Based on their past votes in cases like Kodak and Jefferson Parish, I think it’s fair to say that both Rehnquist and O’Connor would probably have agreed with Alito’s views about LePage’s. If that is right, then Justice Alito’s confirmation is only an ostensible explanation but not the true reason for the IRI settlement. Other forces were likely at work.

]]>