The Rule of Reason is Terrible - Bright-Line Rules Should be the Default Analysis
Competition Policy International has published my article, In Praise of Rules-Based Antitrust. In the article, I discuss the strengths of bright-line rules in antitrust litigation and assert that the rule of reason, the current default framework to determine whether a method of competition violates the antitrust laws, is unworkable and subjective and, therefore, must be entirely abandoned.
Bright-line rules, among other benefits, clarify the law, promote its enforcement, and ensure fair antitrust enforcement.
The paper can be downloaded here.
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