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The rule of reason is a legal doctrine used to interpret the Sherman Antitrust Act, one of the cornerstones of United States antitrust law.While some actions like price-fixing are considered illegal per se, other actions, such as possession of a monopoly, must be analyzed under the rule of reason and are only considered illegal when their effect is to unreasonably restrain trade.
When a per se rule is applied (in contrast to a rule of reason analysis), a civil violation of the antitrust laws is found merely by proving that the conduct occurred and that it fell within a per se category. [21] Conduct considered unlawful per se includes horizontal price-fixing, [22] horizontal market division, [23] and concerted refusals ...
FTC v. Actavis, Inc., 570 U.S. 136 (2013), was a United States Supreme Court decision in which the Court held that the FTC could make an antitrust challenge under the rule of reason against a so-called pay-for-delay agreement, also referred to as a reverse payment patent settlement.
The U.S. Department of Justice Antitrust Division’s case against Kemp Associates, an heir location service firm, has focused attention on the growing role of the rule of reason in the defense of ...
In the United States, antitrust law is a collection of mostly federal laws that govern the conduct and organization of businesses in order to promote economic competition and prevent unjustified monopolies. The three main U.S. antitrust statutes are the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914 ...
It is largely the basis in US antitrust law for the "rule of reason." [ 1 ] William Howard Taft, then Chief Judge of the Sixth Circuit Court of Appeals, later US President and then Chief Justice of the Supreme Court, quoted Mitchel extensively when he first developed the antitrust rule-of-reason doctrine in Addyston Pipe & Steel Co. v. United ...
By law, the DOJ has sole antitrust jurisdiction over some industries. The rest is divided up among the two authorities. The FTC takes the lead on pharmaceutical and hospital probes, while the DOJ ...
Laws applied Sherman Antitrust Act United States , 246 U.S. 231 (1918), was a case in which the Supreme Court of the United States applied the " rule of reason " to the internal trading rules of a commodity market .