Inside Kavanaugh’s Merger Challenge Dissents

July 13, 2018

President Donald Trump has announced Brett Kavanaugh, a judge on the United States Court of Appeals for the District of Columbia, as his nominee to replace U.S. Supreme Court Justice Anthony Kennedy. Judge Kavanaugh’s most notable antitrust-related decisions in his 12 years on the federal bench include the dissents he issued in United States v. Anthem Inc. and Federal Trade Commission v. Whole Foods Market Inc. In both cases, Judge Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity.

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