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
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.
Judge Wilken used antitrust law's Rule of Reason
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
Meanwhile, Part V analyzes four additional lower court decisions that misconstrued the NCAA's eligibility rules as procompetitive under a rule of reason
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