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ARTICLE · 03 OCTOBER 2005

Antitrust and the 2005 Supreme Court Term

Jones Day
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As the first Monday in October approaches, the business community should be paying more attention than usual to the start of the 2005-2006 Supreme Court term.

United StatesAntitrust/Competition Law
Kathryn Fenton
Kathryn Fenton
Thomas Demitrack
Thomas Demitrack
Kevin McDonald
Kevin McDonald
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As the first Monday in October approaches, the business community should be paying more attention than usual to the start of the 2005-2006 Supreme Court term. In addition to a new Chief Justice, the Court has a substantial antitrust docket for the first time in many years. Even more importantly, each of these cases offers the Court an opportunity to eliminate some of the lingering irrationalities of antitrust. If it fully seizes the opportunity, this Supreme Court term could be the most important for antitrust in the last 30 years.

Texaco Inc. v. Dagher

; Illinois Tool Works Inc. v. Independent Ink Inc.; and Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc. raise very different substantive issues and were decided by three separate courts of appeals (the Eighth, the Ninth, and the Federal Circuits) but share a common message. They are a useful reminder of how antitrust litigation can go bad, even in this post-Chicago age. Borrowing from the well-known quote about unhappy

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