Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the firm’s Washington, DC, office, was quoted in Law360, in “Garland Could Bring Greater Antitrust Focus to High Court,” by Jeff Zalesin. (Read the full version – subscription required.)
Following is an excerpt:
Yet, in the broader antitrust area, Judge Garland could have an important impact on how the Supreme Court decides the cases it does take. Even if he does not emerge as a clear leader on antitrust law, his vote could tip the balance in some cases away from the result that the court would have reached before Justice Scalia's death.
Gerson, who said he had known Judge Garland since before his judicial career, predicted that the nominee would take a different approach to antitrust law than Justice Scalia did.
"I think it would be fair to say that a Justice Garland would view the Sherman Act and the Clayton Act as elements of good government that ought to be enforced in a way that promotes competition and limits undue concentration of market power," he said. "In other words, he would reach further than, say, Justice Scalia might."