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Judge Douglas H. Ginsburg And Antitrust Law's Rule(S) Of Reason, Jonathan Baker, Andrew Gavil Jan 2019

Judge Douglas H. Ginsburg And Antitrust Law's Rule(S) Of Reason, Jonathan Baker, Andrew Gavil

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This essay, written for a volume in honor of Judge Douglas H. Ginsburg, explores the evolution of the rule of reason and its development into a common structured, burden shifting approach guiding judicial decisions under Sections 1 and 2 of the Sherman Act and under Section 7 of the Clayton Act. It highlights the influential role that Judge Ginsburg and the Court of Appeals for the D.C. Circuit, on which he served, played in that evolution.