Section 2 and the Rule of Reason: Report from the Front

By Mark S. Popofsky & Ariel A. Martinez
Courts remain, in the words of one observer, mired in an “exclusionary conduct ‘definition’ war.” Applying Section 2’s broad prohibition on “monopolizing” conduct requires courts to select a governing legal test. Section 2 legal tests run the spectrum from rules of per se legality to rules of near per se illegality. Courts continue to grapple with this question.

Link to FULL ARTICLE

ACCESS TO THIS ARTICLE IS RESTRICTED TO SUBSCRIBERS

Please sign in or join us
to access premium content!