Lost in (Doctrinal) Translation: The Misleading Retelling of the Supreme Court's Antitrust Decisions on Restraints of Trade
33 Pages Posted: 10 Oct 2018
Date Written: October 4, 2009
For decades, the most popular quotation from literature in antitrust briefs came from the follow-up to Alice in Wonderland, Through the Looking-Glass'. “When I use a word ... it means just what I choose it to mean. . . . When I make a word do a lot of work like that, ... I always pay it extra.”* This is because the “rule of reason” as well as the “per se” rule are ambiguous concepts. Thus, United States v. Topco stands for the proposition that all horizontal agreements allocating customers or territories are “per se violations]” and for the proposition that restraints among competitors regarding territories and customers can be reasonable and lawful.
Keywords: antitrust, doctrinal history, restraints of trade, supreme court
JEL Classification: K10, K21
Suggested Citation: Suggested Citation