rule of reason


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rule of reason

the individual investigation of elements of MARKET CONDUCT (for example, RESTRICTIVE TRADE AGREEMENTS) and MARKET STRUCTURES (MERGERS) under a DISCRETIONARY COMPETITION POLICY to determine whether or not their economic effects are, on balance, beneficial or detrimental.
References in periodicals archive ?
implications for Sherman Act cases under the rule of reason.
Generalizing the rule of reason will allow for faster antitrust law sophistication than other developments, such as Resale Price Maintenance (RPM).
As opposed to per se violations which are illegal by themselves without need of further inquiry into their actual effect on competition or intentions of the parties charged with the violation, non-per se violations are subject to a rule of reason analysis.
14) However, the Supreme Court reversed the Circuit Court's judgment, and held that the Rule of Reason applies to patent-related reverse payment settlements whenever patent litigation is still unresolved.
The case brought up the Rule of Reason as applied to the Sherman Antitrust Act and the issue of the restraint of trade.
24) Unlike the Per Se Rule, the Rule of Reason gives courts discretion to analyze the reasonableness of the alleged restraint, as well as the restraint's impact on competition.
Although this particular formulation echoes the Stoics, Cicero's understanding of law is founded on a deeper principle deriving from Plato: the rule of reason (cf.
Meanwhile, Part V analyzes four additional lower court decisions that misconstrued the NCAA's eligibility rules as procompetitive under a rule of reason analysis.
25) Nevertheless, in instances of blatant anticompetitive behavior, courts may opt to apply a "quick look rule of reason analysis," which bypasses the market-analysis stage entirely and proceeds to the aforementioned balance of procompetitive and anticompetitive values embedded in the conduct.
After identifying different approaches to antitrust legal theory--the common law school, the rule of reason school, the monopolistic competition (New Deal) school, the workable competition school, the liberal (Harvard) school, and the law and economics (Chicago) school--he surveys Supreme Court cases that represent these various schools of thought together with related extra-judicial influences.
Plato's political legacy is liberal education and the sanctifying, through law, of the rule of reason.