COLUMN / THE ANTITRUST LITIGATOR
Antitrust Lessons From Footnotes and Citations By JEFFERY M. CROSS
I
n the summer of 2016, the Federal Judicial Center (FJC), which is the educational arm of the federal courts, approached me to write a monograph on Section 1 of the Sherman Act for new judges and judges who did not have much antitrust experience. In December 2021, the FJC published an online version of the book, which is entitled Antitrust Law: Section 1 of the Sherman
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Act. It can be found at: fjc.gov/ content/364998/antitrust-lawsection-1-sherman-act. Although I have been litigating Section 1 cases for over 45 years, and have taught antitrust as an Adjunct Professor for 15 years, I found the preparation of a basic primer for federal judges to be both challenging and rewarding. When I taught antitrust law, I always admonished my students
that it was important to read the footnotes and textual citations in Supreme Court decisions. They often turn out to be very important in understanding the case. I not only read these to prepare my monograph, but also the cases and treatises cited by the Court. Taking this approach revealed key insights. One of the areas that benefitted from this approach was the initial BACK TO CONTENTS
