Yahoo! Finance Quotes Kirkwood and Stutz in SCOTUS Apple v. Pepper Coverage
A May 14 article on Yahoo! Finance “Justice Kavanaugh’s Apple decision has ‘shaken up’ antitrust law” quoted AAI Advisory Board Member John Kirkwood and AAI Vice President of Legal Advocacy Randy Stutz. From the article:
“We got an unexpected boost to antitrust enforcement from Justice Kavanaugh,” says John Kirkwood, a professor of law at Seattle University School of Law and an adviser to the American Antitrust Institute.
Kirkwood noted that Kavanaugh has in the past been pro-defendant in antitrust cases, as are many conservative judges.
“He’s shaken things up here. He’s not a reliable vote with the other four conservatives,” Kirkwood said. “There’s more chance of future antitrust enforcement victories.”
The court’s reasoning “got it right this time,” according to Randy Stutz, vice president of legal advocacy for the American Antitrust Institute.
“The important takeaway is that a retail monopolist cannot escape antitrust liability for overcharging its customers by choosing to adopt an agency business model rather than a wholesale model,” Stutz added, in an email message. “Particularly in an era of powerful internet platforms, this is a win for common sense.”