Wednesday, April 20, 2005

Matsushita Uncovered

Nickolai Levin, an associate with Mayer, Brown, Rowe, & Maw, in D.C. has published an interesting article on Matshushita in 73 Fordham Law Rev. 1627 (2005).   Abstract and manuscript are available at SSRN.  The article builds on Robert Cover's Nomos and Narrative to address the question: "when to limit the range of permissible inferences from circumstantial evidence at the summary judgment stage."  Quoting from the abstract:

"Studying the history of how the antitrust summary judgment standard developed, this Article discusses how antitrust has its own nomoi (substantive sub-worlds) and redemptive narrative (consumer welfare) interacting with one another and how, in one nomos - oligopoly parallel pricing cases - some circuit courts have arguably erred by overapplying deterrence concerns that originated as part of the consumer welfare narrative."

Finally, an interesting humanistic interpretation of economic thinking in antitrust law.

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