Judge Douglas H. Ginsburg and Antitrust Law's Rule(s) of Reason

Baker, Jonathan B.; Gavil, Andrew I.

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Judge Douglas H. Ginsburg and Antitrust Law's Rule(s) of Reason

Douglas Ginsburg: An Antitrust Professor on the Bench, Liber Amicorum - Vol. II, Nicolas Charbit, ed. (2019)

24 Pages Posted: 2 Apr 2019 Last revised: 20 Jan 2021

See all articles by Jonathan B. Baker

Jonathan B. Baker

American University - Washington College of Law

Andrew I. Gavil

Howard University School of Law

Date Written: January 31, 2019

Abstract

This essay, written for a volume in honor of Judge Douglas H. Ginsburg, explores the evolution of the rule of reason and its development into a common structured, burden shifting approach guiding judicial decisions under Sections 1 and 2 of the Sherman Act and under Section 7 of the Clayton Act. It highlights the influential role that Judge Ginsburg and the Court of Appeals for the D.C. Circuit, on which he served, played in that evolution.

Keywords: Rule of Reason

JEL Classification: K21

Suggested Citation: Suggested Citation

Baker, Jonathan B. and Gavil, Andrew I., Judge Douglas H. Ginsburg and Antitrust Law's Rule(s) of Reason (January 31, 2019). Douglas Ginsburg: An Antitrust Professor on the Bench, Liber Amicorum - Vol. II, Nicolas Charbit, ed. (2019), Available at SSRN: https://ssrn.com/abstract=3349853