BakerHostetler Partner Carl Hittinger and Associate Tyson Herrold authored an article published Aug. 24, 2018, by The Legal Intelligencer. The article, “Is Judge Kavanaugh a Fan of Antitrust Laws? Let’s Take a Look,” examines the limited antitrust jurisprudence record of U.S. Court of Appeals Judge Brett Kavanaugh, who has been nominated to replace Justice Anthony Kennedy on the U.S. Supreme Court. Hittinger and Herrold examine two Kavanaugh dissenting opinions in antitrust cases and note that other judges on the D.C. Circuit have strongly criticized him for his naivety on antitrust issues and his seeming disregard for stare decisis and the rule of law that may indicate a willingness to take issue with other Supreme Court precedent. They also point out that Kavanaugh’s dissents illustrate his view that the antitrust laws are designed to promote consumer welfare and business efficiency at the expense of competition when those two goals are at odds, which is reminiscent of onetime Supreme Court nominee Judge Robert Bork’s controversial thinking.
