Arnold & Porter Kaye Scholer Discusses Antitrust and Supreme Court Nominee Gorsuch

On January 31, 2017, President Trump announced the nomination of Tenth Circuit Judge Neil Gorsuch to fill Justice Antonin Scalia’s former seat on the U.S. Supreme Court.  This note reviews Judge Gorsuch’s approach to antitrust issues as reflected in his opinions.

During his decade on the bench, Judge Gorsuch’s most significant antitrust decisions have addressed refusals to deal.  He has authored two refusal to deal opinions and joined another, deciding in each case that the plaintiffs had failed to show that the defendants had sacrificed short-term profits in pursuit of a longer-term anticompetitive goal.  His view of the refusal to … Read more