On October 31, 2005, President Bush nominated Judge Samuel Alito to be an Associate Justice of the United States Supreme Court. As the country looks forward to the confirmation hearings, scheduled to begin on January 9, two of our practice group members look back on Judge Alito's judicial record in antitrust cases. While not known as an antitrust scholar, as were Justices Breyer and Scalia, Judge Alito would bring substantial antitrust experience to the Supreme Court, and he could influence the Court to continue its recent trend of hearing more antitrust cases (three this term) and move the Court in a more pro-business direction. During his tenure as a member of the Third Circuit Court of Appeals, he participated in 14 appeals involving antitrust issues. As discussed by our co-authors, that substantial body of antitrust jurisprudence provides considerable insight into how Judge Alito might approach antitrust cases before the Court as Justice Alito.
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