The Durability of Formalism in Antitrust

Author:Barak Orbach
Position:Professor of Law and the Director of the Business Law Program, the University of Arizona College of Law
Pages:2197-2222
SUMMARY

Antitrust formalism consists of commitments to interpretations of the antitrust laws that require courts to discount and even disregard relevant competitive effects. The phenomenon is more known as the use of rigid rules resting on premises that are correct under some circumstances but not all. Examples of antitrust formalism include per se rules, the analysis of collusion, the interpretation of... (see full summary)


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