The Antitrust Constitution

Author:Thomas B. Nachbar
Position:Professor of Law, University of Virginia School of Law

Antitrust is today viewed almost exclusively in strictly economic terms. Under the nearly ubiquitous "rule of reason," conduct is condemned or saved by courts largely based on their evaluation of the conduct’s effect on economic efficiency. But many aspects of antitrust law cannot be explained by efficiency analysis. The full sweep of antitrust makes sense only when one considers other values that... (see full summary)

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