Exclusion continuum
Contents
Place in the Framework
The exclusion continuum helps organize conduct from clearly lawful competition on the merits to clearly unlawful exclusion, with many practices falling between those poles.
Core Questions
- What facts move conduct toward competition on the merits?
- What facts move conduct toward exclusionary maintenance of power?
- How do courts compare consumer benefit, rival impairment, and business justification?
Working Notes
Use this page to synthesize cross-cutting principles that recur across exclusionary-conduct categories.