Are Administrable Bright Line Rules Underutilized in Section 2 Analyses?

This article is part of a Chronicle. See more from this Chronicle

Bruce Kobayashi, Jul 13, 2009

One of the most important changes in the antitrust laws over the past 40 years has been the diminished reliance of rules of per se illegality in favor of a rule of reason analysis. With the Court’s recent rulings in Leegin (eliminating per se rule for minimum RPM) and Independent Ink (eliminating the per se rule against intellectual property tying), the evolution of the antitrust laws has left o