Emergence of the Rule of Reason

This section traces how courts moved from early common-law restraints of trade to the modern distinction between rule of reason analysis and per se illegality.

Contents

• Early Common Law
• Early Section 1 Cases
• Development of the Rule of Reason
• Development of Per Se Illegality
• Modern Antitrust Analysis

Place in the Framework

These materials set up the main analytical choice in Section 1 cases: whether a restraint is condemned categorically, assessed through a full competitive-effects inquiry, or handled through a more abbreviated mode of analysis.

Working Notes

Add case briefs and synthesis notes here that explain why courts became skeptical of literal readings of the Sherman Act and how the rule of reason became the baseline.