As expected, the hearings on Judge Merrick Garland's
nomination to serve as Attorney General provided more insights
into Senators' views on antitrust enforcement than Judge
Garland's. Nevertheless, there were certain exchanges that give
some hints about what lies ahead in this arena.
Judge Garland's Background
Judge Garland—who practiced antitrust law at Arnold &
Porter early in his career, has written on the subject, and even
taught antitrust at Harvard—will bring significantly more
antitrust experience and expertise to the role of AG than any of
his predecessors. Indeed, he testified that antitrust was his
"first love in law school." He also paid homage to two
major antitrust scholars with whom he had studied and worked,
Professor Phillip Areeda (who literally wrote the book) and Arnold &
Porter's (and Georgetown's) Robert Pitofsky, the former
chair of the Federal Trade Commission.