Justice Antonin Scalia

A year before he took his seat on the Supreme Court, Justice Scalia’s future colleagues issued a decision encouraging dominant firms to behave more like that genteel, top hat wearing fellow from the Monopoly game than like any business baron commonly found in the marketplace. That decision, Aspen Skiing vs. Aspen Highlands Skiing, would later be described as the “last gasp” of the “Harvard School” of antitrust, the more interventionist branch of antitrust theorists. Twenty years later Scalia would author an opinion snuffing out that last breath, for good.