Antitrust 1 Prof. E. Fox Fall 2004 1 I. Introduction to Antitrust Law 4 a. General Background 4


b. From a Per Se Rule to the Rule of Reason for Non-Price-Fixing Cartels 14



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b. From a Per Se Rule to the Rule of Reason for Non-Price-Fixing Cartels 14

c. How to Identify a Cartel in the Absence of a Concrete Agreement? 15

c. How to Identify a Cartel in the Absence of a Concrete Agreement? 15

1. What is a Cartel-Like Arrangement? 15

ii. Market Factors in the Cartel Definition 15

iii. Defenses or Justifications under Rule of Reason Analysis 15



d. Characterization – Cartel-Like Behavior (Professional Restraint Cases) 16

d. Characterization – Cartel-Like Behavior (Professional Restraint Cases) 16

1. Quick Look Rule of Reason Analysis 16

ii. Full Rule of Reason Analysis 16

iii. Quick Look vs. Full Rule of Reason Analysis 16



e. Characterization – Naked Boycotts, Concerted Refusals to Deal and Self-Regulation 17

e. Characterization – Naked Boycotts, Concerted Refusals to Deal and Self-Regulation 17

1. General Analysis 17

ii. Per Se Rule – Naked Boycotts 17

iii. Quick Look Rule of Reason – Modern Cases 17

iv. Full Rule of Reason – Self-Regulation 17


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