Conrath may be headed for bath
Craig Conrath could be in for a tough 48 hours.
The Justice Department’s director of litigation — and the government’s lead lawyer in the AT&T case — Conrath also led the legal charge in a case against American Express argued before the Supreme Court this spring.
The high court is expected to hand down a decision in that case on Thursday.
The septuagenarian — a 40-year-plus veteran of Justice — was dealt an embarrassing blow on Tuesday when federal Judge Richard Leon totally rejected the government’s antitrust case against the $85 billion merger of AT&T and Time Warner.
Conrath (inset) is known for his warm relationships with judges, and is more professorial than confrontational, said a source who has worked against him. “He likes to lead trials.” The case against American Express alleges that the credit-card company prohibits stores from encouraging customers to use other credit cards that charge lower fees — stifling competition. The allegation is that those actions also result in higher retail prices.
While a trial judge sided with Conrath, an appeals court ruled against Justice.
President Obama’s Justice Department brought the case against AmEx, while President Trump’s sued AT&T.
Conrath’s victories include the department’s win last year in stopping Aetna from buying Humana for $34 billion.