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Antitrust Chronicle® – The Rule(s) of Reason

BY | January 29, 2024

Dear Readers, The “rule of reason” seems almost trite on its face. All law must be subject to reason. But in antitrust, the “rule of reason” has a particular heritage.…

Dear Readers,

The “rule of reason” seems almost trite on its face. All law must be subject to reason. But in antitrust, the “rule of reason” has a particular heritage. Under the rule of reason, antitrust enforcers and courts are obliged to examine the positive and negative effects of a commercial arrangement before determining whether it violates the antitrust rules.

In administering the antitrust rules, is it particularly relevant to assess the extent of a firm’s market power at the t

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