The New York Times has published a powerful opinion piece by lead business and economics writer Binyamin Appelbaum, calling on President Biden to push back against corporate abuses by “putting antitrust experts on the federal bench.” The piece refers back to the massive impact then-President Reagan’s court nominations had on our justice system in the 1980s – nominations which rewrote the meaning and impact of the country’s antitrust laws. Citing such memorable jurists as Robert Bork, Richard Posner and Antonin Scalia.

The piece encourages Biden not to miss a critical opportunity to borrow from Reagan’s approach and make a lasting change. “It is necessary to put a new generation of intellectuals into black robes,” Appelbaum reasons, judges who are sophisticated in economics and who can protect the nation’s markets, including by enforcing the antitrust laws. He goes on to note that effective antitrust enforcement needs more than just government regulators who believe in the dangers of corporate concentration, that such protections of the fundamental fairness of the marketplace requires judges who understand competition economics and policy.

You can read the full op-ed piece on The New York Times (subscription) website.

Lieff Cabraser’s Antitrust Enforcement Practice Group

Lieff Cabraser is at the forefront of litigating innovative and landmark cases that seek to promote and protect fair competition in the marketplace. We assist companies, governments, and consumers affected by anticompetitive conduct in assessing market circumstances and pursuing legal action where and as appropriate to preserve fairness and justice in the nation’s markets. Our work on antitrust cases where we have held leading roles challenging global cartels, conspiracies among would-be competitors, monopolies, and other anti-competitive practices has led to the recovery of over $7.5 billion in judgments and settlements on behalf of our clients.

Learn more about our firm’s antitrust practice.

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