In Law360: In Defense Of The Antitrust Rule Of Reason

March 8, 2018 — The article, "In Defense Of The Antitrust Rule Of Reason" by William Kolasky was published in Law360.

I am writing in response to the cleverly titled March 7 Law360 guest article by Randy Gordon, “Is The Antitrust Rule Of Reason Reasonable?” As often is the case in articles with clever titles, Gordon’s piece is wide of the mark. What his article overlooks is that both the Supreme Court and the federal circuit courts of appeals have made great strides over the last four decades in developing a sound analytical framework for applying the rule of reason that largely undercuts the petitioners’ complaint in the AmEx case that the Supreme Court has left the “lower courts with no clear standards” for applying the rule of reason.

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