Judge Garland Could Bring Greater Antitrust Focus to High Court

Law360
March 17, 2016

Gregory Asciolla weighs in on the recent U.S. Supreme Court nomination


D.C. Circuit Chief Judge Merrick B. Garland was  selected by President Barack Obama on Wednesday to fill the empty seat in the U.S. Supreme Court. Garland has a reputable concentration and scholarly record in antitrust law. Attorneys have voiced their opinions on how naming Judge Garland to the Supreme Court can potentially influence future antitrust cases.

Gregory Asciolla, co-chair of Labaton Sucharow Antitrust and Competition Litigation Practice shared his thoughts on the subject. “With some Senate Republicans digging in on their position that Obama's Supreme Court nominee should not get a hearing or a vote, it is far from certain that Judge Garland will ever make it onto the high court. And even if Judge Garland is confirmed, there is no guarantee that his presence will cause the Supreme Court to grant more petitions for certiorari in antitrust cases. That said, given that you only need four justices to agree on a cert petition, having two antitrust-minded justices — Judge Garland and Justice Breyer, the court's resident antitrust guru — certainly increases the odds that an antitrust case will make its way to the court."