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University of Colorado Law School

Journal

Antitrust law

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Uber's Efficiencies: A Modest Proposal For Limiting Use Of Antitrust's Per Se Rule, Kathleen Guilfoyle Jan 2020

Uber's Efficiencies: A Modest Proposal For Limiting Use Of Antitrust's Per Se Rule, Kathleen Guilfoyle

University of Colorado Law Review

In antitrust law, the per se rule against horizontal price-fixing seems set in stone. Over time, however, antitrust enforcers and courts have declined to use this rule and instead have used the rule of reason. This change stems directly from the recognition that the per se rule's blunt application may end up harming consumers in some contexts. Using Uber as an example of a consumer-friendly, efficiencyenhancing business model, this Comment argues that using the per se rule to analyze horizontal arrangements like Uber's sacrifices consumer welfare. Instead, courts should use the rule of reason and engage in cost-benefit analysis where …


Keeping The Home Team At Home: Antitrust And Trademark Law As Weapons In The Fight Against Professional Sports Franchise Relocation, Don Nottingham Jan 2004

Keeping The Home Team At Home: Antitrust And Trademark Law As Weapons In The Fight Against Professional Sports Franchise Relocation, Don Nottingham

University of Colorado Law Review

No abstract provided.