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Full-Text Articles in Law
100 Years A Vagrant: Grounding The Rootless Rule Of Reason For Horizontal Antitrust Restraints Under Section 1, Jesse W. Markham Jr.
100 Years A Vagrant: Grounding The Rootless Rule Of Reason For Horizontal Antitrust Restraints Under Section 1, Jesse W. Markham Jr.
Jesse Markham
Competitive restraints challenged under Section 1 of the Sherman Act are evaluated under either the rule of reason or, for a small and diminishing group of restraints, under per se rules. The role for per se rules has diminished in recent years as courts have retreated from them out of concern that their rigid application can condemn desirable competitive conduct. Now, the rule of reason is the default mode of analysis applicable to nearly all categories of alleged competitive restraints. During the same period in which the Supreme Court expanded the reach of the rule of reason, it also rendered …
Lessons For Competition Law From The Economic Crisis: Can "Too Big To Fail" Trigger Useful Antitrust Intervention?, Jesse W. Markham
Lessons For Competition Law From The Economic Crisis: Can "Too Big To Fail" Trigger Useful Antitrust Intervention?, Jesse W. Markham
Jesse Markham
This article examines whether, and the extent to which, antitrust law could contribute to a broader regulatory effort to control the too-big-to-fail problem. The article begins by exploring the nature of the problem. Against this backdrop, antitrust policy and rules are considered to evaluate whether antitrust might play a meaningful role. The article concludes that antitrust law, if vigorously enforced with attention paid to the need to avoid too-big-to-fail problems can be a useful public policy tool to address the problem, although it can come nowhere near solving it or preventing recurrences of recent systemic failures.