The Rule of ReasonAmerican Bar Association, 1999 - 187 стор. Eight decades after The Chicago Board of Trade v. U.S. decision, the reasonableness standard remains the core principle of antitrust analysis. While proposals to streamline the rule of reason analysis abound, the most compelling question is whether any of these proposals will gain widespread acceptance. This new guide examines the basic analytical approaches used to evaluate potential anti-competitive conduct and the ongoing debate over their effectiveness and efficiency. Tracing the development of rule of reason analysis from early decisions through present day cases, the book discusses the emergence of the per se standard. The guide concludes with an extended discussion of the key ingredients of the rule of reason mix: anti-competitive effects and market power, efficiency justifications, and the wide variety of methods proposed to try and balance them. |
Зміст
BACKGROUND | 16 |
Arizona v Maricopa County Medical Society | 71 |
g Northwest Wholesale Stationers v Pacific Stationery | 79 |
j Palmer v BRG of Georgia | 86 |
California Dental Association v | 94 |
Continuing Tension Between Per Se | 100 |
iii | 102 |
METHODS FOR STRUCTURING | 127 |
e FTCs 1996 California Dental Decision | 152 |
Conclusions from the Governments Approaches | 160 |
Table of Cases | 177 |
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Загальні терміни та фрази
11th Cir 2d Cir 7th Cir advertising restrictions aff'd agencies agreement Albrecht ancillary restraints ANTITRUST LAW applied Areeda blanket licenses Board BORK burden California Dental Ass'n cert challenged conduct challenged restraint Chicago common law competitive effects competitors condemned contract Corp Court found court of appeals decision defendant denied Easterbrook economic effect on competition efficiency justification Federation of Dentists group boycott GTE Sylvania GTE Sylvania Inc Guidelines Hosp illegal illegal per se Indiana Federation inherently suspect inquiry interbrand Jefferson Parish joint venture Maricopa County market power market power screen naked restraint NCAA non-price Northwest Wholesale Stationers NYNEX opinion plaintiff plausible practice price fixing price or output procompetitive justification Prof'l proof of market quick look reason analysis restraint of trade rule of reason Section Sherman Act Supp supra note 178 supra text accompanying Supreme Court text accompanying notes tion Topco tying United unlawful unreasonable