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Abbreviated Rule of Reason

Contents

Place in the Framework

The abbreviated rule of reason applies when the anticompetitive tendency of a restraint is sufficiently obvious that a plaintiff need not complete the full market-analysis path before the burden shifts.

Core Questions

  • What makes anticompetitive harm obvious enough for abbreviated review?
  • What role do market power and market definition play?
  • How can defendants justify a restraint under abbreviated analysis?

Working Notes

Add notes here on quick-look analysis, burden shifting, and the cases that define when courts may abbreviate the rule of reason inquiry.