Sotomayor’s Approach To Antitrust

Law360, New York (July 2, 2009, 12:00 AM EDT) -- Judge Sonia Sotomayor of the Second Circuit, President Obama’s first nominee to the U.S. Supreme Court, is widely expected to be confirmed by the U.S. Senate as a replacement for Justice David Souter.

There is significant interest in how Sotomayor will impact the current Supreme Court’s emerging antitrust jurisprudence, which has generally been characterized as pro-business and pro-defendant.[1]

During her time on the Second Circuit, Judge Sotomayor authored three decisions and a concurring opinion interpreting the federal antitrust laws.

A review of these opinions shows no...
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