The real cost of the rule of reason is to require excessive formalism from courts asking them to draw arbitrary lines btw practices that are mostly similar.
@danielahanley
Excellent comment by@mer__edith. In antitrust law, the rule of reason is touted as accounting for the nuances of competition, when in fact it’s just a means to de facto nullify the antitrust laws. It’s among many reason why we need bright line rules. papers.ssrn.com/sol3/papers.cf
Source: X
Discover more from Justice News247
Subscribe to get the latest posts sent to your email.