Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman


The United States Supreme Court infrequently hears antitrust cases but when it decides to hear a case, the Court has the power to shape the framework of American antitrust laws. In this episode, we’re examining the implications of the Supreme Court’s recent decision in the 2019 Apple Inc. v. Pepper case and the role of the Court in bringing antitrust laws in alignment with modern economic understanding. 

Joining Michael for this conversation are two guests: Thomas Dillickrath and Bevin Newman. 

Thomas Dillickrath is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s Washington, D.C. office. Tom focuses on antitrust litigation and merger investigations. Prior to joining the firm, he served as Deputy Chief Trial Counsel at the Federal Trade Commission’s (FTC's) Bureau of Competition.

Bevin Newman is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s Washington, D.C. office. She focuses much of her practice in the healthcare industry, bringing over 20 years of experience advising and defending globally renowned health systems, academic medical centers, providers, payers and pharmaceuticals companies undertaking significant transactions, including mergers and acquisitions, joint ventures, intellectual property licenses and innovative alliances, as well as on conduct matters. 

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What We Discussed in This Episode:

  • What role does the U.S. Supreme Court play in the development of antitrust policy?
  • What is “evolutionary jurisprudence” and how does that show up in today’s antitrust laws?
  • Are courts best suited for deciding complex questions of domestic competition policy?
  • Do countries like China, Japan, and various countries in Europe have tighter control over the application and enforcement of their competition statutes than the U.S. system?
  • What is at the heart of the one antitrust case that the Supreme Court heard in 2019, Apple Inc. v. Pepper
  • What did the Supreme Court decide in the Apple Inc. v. Pepper case, and what effect will the Court’s decision have on antitrust laws?
  • Has the long-standing Illinois Brick Co. direct purchaser rule been changed by this Apple Inc. decision? 
  • Is the Supreme Court departing from where it has been on antitrust laws up to this point? 

Resources Mentioned: 

U.S. Courts Annual Review: Supreme Court article 

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