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Two-fold Deference at the Rule of Reason’s Third Step

BY | July 21, 2023

In this article, I use my recent opinion in Epic Games v. Apple to illustrate my approach as an appellate judge to reviewing economic evidence in Rule of Reason cases. …

In this article, I use my recent opinion in Epic Games v. Apple to illustrate my approach as an appellate judge to reviewing economic evidence in Rule of Reason cases.  Specifically, I highlight that opinion’s Rule of Reason step-three analysis as reflecting the “two-fold” deference that characterizes my review of economic evidence in such cases: that is, deference to the factual findings made below (procedural deference), and deference to a defendant’s choices regarding how to best str

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