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Douglas H. Ginsburg

US Court of Appeals for the DC Circuit (Washington), GMU Antonin Scalia Law School (Arlington)

Professor of Law & Senior Circuit Judge

Judge Ginsburg is a Professor of Law at George Mason University and a Senior Judge of the United States Court of Appeals for the District of Columbia Circuit. He was appointed to the United States Court of Appeals in November 1986 and served as Chief Judge from July 16, 2001 until February 10, 2008. He graduated from Cornell University (B.S. 1970) and from the University of Chicago Law School (J.D. 1973). Following law school, he clerked for Judge Carl McGowan of the U.S. Court of Appeals for the D.C. Circuit and for U.S. Supreme Court Justice Thurgood Marshall. From 1975 to 1983, he was a professor at Harvard Law School. He then served as Deputy Assistant Attorney General for Regulatory Affairs, Antitrust Division, U.S. Department of Justice, from 1983 to 1984; Administrator, Information and Regulatory Affairs, OMB, from 1984 to 1985; and Assistant Attorney General, Antitrust Division, U.S. Department of Justice, from 1985 to 1986.

In order to honor Douglas H. Ginsburg, Concurrences has published a Liber Amicorum Tribute, Douglas H. Ginsburg: An Antitrust Professor on the Bench (Vol. I & II).

Distinctions

Nominee, 2022 Antitrust Writing Awards: Academic, General Antitrust

Winner, 2019 Antitrust Writing Awards: Academic, Intellectual Property

Winner, 2018 Antitrust Writing Awards: Academic, Cross-Border Issues

Nominee, 2017 Antitrust Writing Awards: Academic, Procedure

Nominee, 2016 Antitrust Writing Awards: Academic, Intellectual Property

Nominee, 2015 Antitrust Writing Awards: Academic, General Antitrust

Nominee, 2013 Antitrust Writing Awards: Academic, General Antitrust

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Linked authors

Alden F. Abbott

Mercatus Center - George Mason University (Arlington)

United States 8 contributions 17602 visits

James R. Conde

US Court of Appeals for the DC Circuit (Washington)

United States 1 contribution 812 visits

James C. Cooper

GMU Antonin Scalia Law School (Arlington)

United States 1 contribution 72 visits

Bruce H. Kobayashi

George Mason University (Fairfax)

United States 1 contribution 1046 visits

Tad Lipsky

GMU Antonin Scalia Law School (Arlington)

United States 4 contributions 16453 visits

20472 | Events

29 Nov 2021 Webinar Antitrust Judicial review, standard of proof & Due process See documents

28 Sep 2021 Webinar Bill Kovacic Antitrust Salon #2 The Future of Antitrust Case Law: What the Courts Could Say About the New Trends? See documents

21 Apr 2021 Webinar One Hour with Judge Ginsburg See documents

5 Oct 2020 Online 2020 Antitrust Writing Awards Virtual Ceremony See documents

8 Sep 2020 Online Challenging Consummated Mergers Under Section 2 See documents

10 Apr 2019 Washington, DC Great Antitrust Enforcers: Douglas Ginsburg (US Court of Appeals, DC Circuit) See documents

5 Nov 2018 Washington, DC An Antitrust Professor on the Bench - Judge Douglas Ginsburg Liber Amicorum Conference See documents

24 Sep 2018 Washington, DC 6th Bill Kovacic Antitrust Salon: Where is Antitrust Policy Going? See documents

13 Jun 2016 Paris New Frontiers of Antitrust 2016 See documents

1 Oct 2015 New York Dinner in honor of Judge Douglas Ginsburg See documents

28 Sep 2015 Washington, DC Extraterritoriality of Antitrust Law in the US and Abroad: A Hot Issue See documents

29 May 2015 Washington, DC The Global Antitrust Economics Conference 2015 See documents

25 Mar 2014 Washington DC 2014 Antitrust Writing Awards & Ranking See documents

Articles

1173 Bulletin

Douglas H. Ginsburg, James R. Conde Criminal Sanctions: An overview of US, EU, and national case law

1 December 2022 812

As the articles in this special edition demonstrate, criminal antitrust enforcement has been in the news increasingly in recent years. Many of the articles in this special edition concern the prosecution of “hardcore” cartels, the “supreme evil of antitrust.” Other articles discuss anti-cartel reforms across the world. Still others concern new frontiers for criminal enforcement, including monopolistic conduct and cartel conduct in labor markets. Readers will profit from this special edition on a variety of fronts.

We cannot survey all these developments in a brief foreword. Instead, we first provide a global overview of criminal sanctions for cartelists and make the case for enhanced accountability through prison sentences and personal fines. We then examine the possibility, recently raised by the U.S. Department of Justice, of criminally prosecuting unilateral monopolistic conduct.

Douglas H. Ginsburg, Joshua D. Wright The Canadian Competition Authority submits a draft of its upcoming intellectual enforcement property guidelines for public comment

9 June 2015 361

Comments of U.S. Federal Trade Commissionner Joshua D. Wright and Judge Douglas H. Ginsburg on the Canadian Competition Bureau’s draft updated intellectual property enforcement guidelines* This comment is submitted in response to the Canadian Competition Bureau’s (the Bureau’s) draft stage 2 (...)

5675 Review

Douglas H. Ginsburg Judicial Review of Competition Cases, EICKE Tim, GINSBURG Douglas H., (eds.)

May 2023 1386

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Douglas H. Ginsburg, Keith Klovers Common sense about common ownership

May 2018 1694

Some scholars have argued that the phenomenon known as common ownership, particularly by large investment managers, is anticompetitive and prohibited by the U.S. antitrust laws. These proponents call for the divestiture of trillions of dollars of equities. We believe the argument for antitrust (...)

Douglas H. Ginsburg, Jacques Buhart, Joshua Hazan, Laurence Idot, Louise Åberg Is territoriality still meaningful? (New Frontiers of Antitrust, Paris, 13 June 2016)

September 2016 670

The panel is devoted to the issue of the geographical scope of competition laws, mainly antitrust law in the public enforcement context. According to the principles of international law, the territoriality principle shall be respected both to determine the jurisdiction to prescribe and the (...)

Douglas H. Ginsburg In Memoriam: Justice Scalia’s Antitrust Legacy (1936-2016)

May 2016 410

This foreword is an In Memoriam of Justice Scalia. In his 30 years on the Supreme Court, Justice Scalia wrote only three opinions for the Court based directly upon the Sherman Act. In other cases involving antitrust claims, he wrote opinions for the Court resolving the claims based not upon (...)

Douglas H. Ginsburg, Frederic Jenny, Joshua D. Wright, Thomas Graf Patents: Can antitrust authorities contribute to fixing the dysfunctional patent system? (New Frontiers of Antitrust, Paris, 21 February 2014)

May 2014 843

This second roundtable of the conference “New frontiers of Antitrust” (Paris, 21 February 2014) was dedicated to the: “Patents: Can antitrust authorities contribute to fixing the dysfunctional patent system?”. This roundtable acknowledges the fact that there is an increasing number of cases at (...)

Douglas H. Ginsburg, Joshua D. Wright Antitrust settlements: The culture of consent

May 2013 672

The beginning of a shift toward a more regulatory and less litigation-oriented regime of antitrust enforcement was observable by the mid-1990s, if not earlier. The transition toward this more bureaucratic approach by antitrust enforcement agencies is the subject of our analysis. Consent (...)