Stuart Gerson Discusses Justice Scalia’s Legacy in Antitrust Law with Law360


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 “Scalia Helped Bolster Protections for Antitrust Defendants,” by Jeff Zalesin. (Read the full version – subscription required.)

Following is an excerpt:

His most important contribution to the field was likely his opinion in Verizon Communications Inc. v. Law Offices of Curtis V. Trinko LLP, which held that Verizon's alleged discrimination against competing carriers wasn't a Sherman Act violation, according to antitrust attorneys and court watchers.

"I think that Justice Scalia had a very pragmatic approach," said Stuart M. Gerson, an Epstein Becker Green member and former acting attorney general of the U.S. "He certainly applied strict textualism to his reading of the Sherman Act, which is important."

Justice Scalia's pragmatism and his insistence on putting the literal words of the statute first were on full display in his Trinko decision, Gerson said.