Law Commons^™

Per Se Illegality Of Concerted Refusals To Deal: A Rule Ripe For Reexamination, Joseph P. Bauer

Journal Articles

Section 1 of the Sherman Act proscribes [e]very contract, combination . . . or conspiracy, in restraint of trade. Early Supreme Court cases interpreting this provision held that it required a determination by the trier of fact of the reasonableness of the challenged conduct in each case — an approach which came to be known as the rule of reason. In subsequent cases, however, the Court has held that certain conduct is unreasonable per se. That is, once a court has determined that such conduct has taken place, it is foreclosed from undertaking an inquiry into the reasonableness of that …

Emerging Issues With Respect To Merger Enforcement Standards, Daniel F. Kolb, Edward W. Large, David Boies, Thomas Dieterich, Malcolm R. Pfunder, Joseph P. Bauer

Journal Articles

I think we are particularly fortunate in the panelists who have assembled for this discussion. And I want to introduce each of them in a moment. Let me first just take a brief bit of time to describe for you what we hope to do today, which is to focus on what we think, within the general scope of merger standards, is the most important issue that we are facing at this time.

We think the key issue is the new legislation that has been proposed in Congress, which is aimed squarely at putting a limit on the size of …