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Weiser is an important voice to listen to, because he not only is the Attorney General of Colorado but also was the Deputy Assistant Attorney General for Economics in the Antitrust Division during the Obama Administration, which is to say that unlike a lot of Attorneys General he has a strong background in the relevant doctrine and economics. With the Antitrust Division is run by Makan Delrahim, fresh thinking on this issue is going to have to come from somewhere else, like Denver.
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Justice Breyer wrote Credit Suisse v. Billing, which was misguided then and has not aged well.
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That's excellent.
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Apr 6, 2017