Development of the Rule of Reason
Contents
Place in the Framework
The rule of reason became the ordinary method for deciding whether a restraint unreasonably suppresses competition.
Core Questions
- What made a full competitive-effects inquiry necessary?
- How did courts identify legitimate business justifications?
- How did the rule of reason differ from a literal ban on every restraint?
Working Notes
Add case development, black-letter rules, and policy notes here for the emergence of the modern burden-shifting structure.