Document Type
Article
Publication Date
2013
Abstract
Although commentators frequently debate how judges should decide antitrust cases substantively, little attention has been paid to theories of judicial virtue in antitrust decision making. This essay considers four pairings of virtues: (1) striving for substantive purity versus conceding to institutional realism; (2) incrementalism versus generalism; (3) presenting a unified face versus candidly conceding differences among judges on an appellate panel; and (4) adhering strictly to stare decisis versus freely updating precedents to reflect evolving economic learning or conditions. While recognizing the complexities that sometimes pull judges in the opposite direction, this Article gives the nod to institutional realism, incrementalism, candor, and relatively unconstrained updating of precedent.
Recommended Citation
Crane, Daniel A. "Antitrust and the Judicial Virtues." Colum. Bus. L. Rev. 2013, no. 1 (2013): 1-27.
Included in
Antitrust and Trade Regulation Commons, Common Law Commons, Courts Commons, Judges Commons, Supreme Court of the United States Commons