What does Judge Garland’s selection for Attorney General mean for antitrust policy? He has been neither especially pro-plaintiff nor pro-defendant, nor interested in using antitrust law to achieve other social ends.

Based on prior writings, he generally defers to the antitrust agencies. He has not spoken publicly about “big tech.”

He began his career as a special assistant to Jimmy Carter’s AG, Benjamin Civiletti, who he briefed on antitrust matters. From 1985-86, he lectured at Harvard on antitrust. In one article, he rejected calls to apply antitrust law more vigorously to state and local governments.

The Supreme Court cited one Garland article in a 2015 antitrust case, North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101, 1111 (2015). For further reading, see https://www.scotusblog.com/2010/04/the-potential-nomination-of-merrick-garland/ and https://www.yalelawjournal.org/news/merrick-garlands-volume-96-article-antitrust-and-state-action.

Based on all this, Judge Garland falls within the broad, bipartisan antitrust consensus of the past few decades. Based on prior writings, he does not seem to want to reshape antitrust law fundamentally. Of course, he hasn’t worked at DOJ for many decades, so stay tuned!