Antitrust’s rule of reason was born out of a thirty-year Supreme Court debate concerning the legality of multi-firm restraints on competition. By the late 1920s the basic contours of the rule for restraints among competitors was roughly established. Antitrust policy toward vertical restraints remained much more unstable, however, largely because their effects were so poorly understood. This Article provides a litigation field guide for antitrust claims under the rule of reason—or more precisely, for situations when application of the rule of reason is likely. At the time pleadings are drafted and even up to the point of summary judgment, the parties are often uncertain whether a court will apply the rule of reason. Part I examines pleading ...
I. Introduction II. The Debate over the Consumer Welfare Standard III. Applying the Rule of Reason ....
Over time, the Supreme Court has adopted a laissez faire attitude toward antitrust enforcement, whic...
Presumptions have an important role in antitrust jurisprudence. This article suggests that a carefu...
In this paper, we discuss the problem of the rule of reason and the welfare standard in antitrust. W...
Antitrust’s rule of reason was born out of a thirty-year (1897-1927) division among Supreme Court Ju...
Disputing the orthodox view that competition policy has always been the only legitimate normative ba...
In the past few years, the Supreme Court has been more active in deciding antitrust issues. The Cour...
The purpose of this article is to develop, primarily in the context of price- fixing and market-divi...
Competitive restraints challenged under Section 1 of the Sherman Act are evaluated under either the ...
Challenging traditional antitrust jurisprudence, Professor Alan J. Meese argues that the present str...
The requirement that an antitrust plaintiff show market power in rule of reason cases has an uninspi...
The United States Supreme Court has decided in a number of cases how Section One 1 of the Sherman Ac...
The Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportuni...
The purpose of the article is to offer a critique of the rule of reason, tracing its disintegration ...
This article analyzes the application of the Rule of Reason as articulated by Justice Brandeis in Ch...
I. Introduction II. The Debate over the Consumer Welfare Standard III. Applying the Rule of Reason ....
Over time, the Supreme Court has adopted a laissez faire attitude toward antitrust enforcement, whic...
Presumptions have an important role in antitrust jurisprudence. This article suggests that a carefu...
In this paper, we discuss the problem of the rule of reason and the welfare standard in antitrust. W...
Antitrust’s rule of reason was born out of a thirty-year (1897-1927) division among Supreme Court Ju...
Disputing the orthodox view that competition policy has always been the only legitimate normative ba...
In the past few years, the Supreme Court has been more active in deciding antitrust issues. The Cour...
The purpose of this article is to develop, primarily in the context of price- fixing and market-divi...
Competitive restraints challenged under Section 1 of the Sherman Act are evaluated under either the ...
Challenging traditional antitrust jurisprudence, Professor Alan J. Meese argues that the present str...
The requirement that an antitrust plaintiff show market power in rule of reason cases has an uninspi...
The United States Supreme Court has decided in a number of cases how Section One 1 of the Sherman Ac...
The Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportuni...
The purpose of the article is to offer a critique of the rule of reason, tracing its disintegration ...
This article analyzes the application of the Rule of Reason as articulated by Justice Brandeis in Ch...
I. Introduction II. The Debate over the Consumer Welfare Standard III. Applying the Rule of Reason ....
Over time, the Supreme Court has adopted a laissez faire attitude toward antitrust enforcement, whic...
Presumptions have an important role in antitrust jurisprudence. This article suggests that a carefu...