Howard Shelanski and Michael Kades: Judge Kavanaugh-Would He Increase the Divide Between the Public and Judicial Debate Over Antitrust Enforcement?: "Over the past decade, the Supreme Court has, with one exception that we discuss below, followed a path of reduced enforcement, reflected in decisions weakening prohibitions against vertical restraints...
...(Leegin Creative Leather Products Inc. v. PSKS Inc.), limiting the role for antitrust in regulated industries (Credit Suisse Securities (USA) LLC v. Billing), and increasing burdens on plaintiffs challenging conduct by “multisided platforms” (Ohio v. American Express Co.). Senator Amy Klobuchar (D-MN) underscored this divergence when questioning Judge Brett Kavanaugh in his recent Supreme Court confirmation hearings about how he might further limit antitrust doctrine. Although antitrust issues are not a central issue in his confirmation, the evidence is strong that Judge Kavanaugh would cement a five-judge conservative majority that would likely raise, not lower, barriers to antitrust enforcement...
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