Tuesday, February 11, 2020
Spencer Waller, Chicago Loyola addresses Institutions and Incentives in Antitrust Enforcement.
ABSTRACT: One of the most vexing questions in U.S. antitrust law is the meaning of the rule of reason under Section One of the Sherman Act. The U.S. Supreme Court has struggled for over a century to give meaning and guidance for the broad language of the Sherman Act banning contracts, combinations, and conspiracies in restraint of trade. The modern Supreme Court has a relatively new interpretative strategy to consider what legal standard should apply to agreements that potentially harm competition.