This Comment examines the application of the rule of reason under the Sherman Act. The author suggests that the Sherman Act is specific legislation designed to protect competition in a free market economy, and not a cure-all for every social or economic injustice. The author argues that the Sherman Act can be effectively used protect the market place from scheming entrepreneurs trying to profit at the consumer's expense from other than their competitive ingenuity. The author examines recent applications of the rule of reason in relation to the legislative purpose behind the Sherman Act, and concludes that such applications should be guided by economic analysis and the design to protect competition in the marketplace.
Applying the Rule of Reason: A Survey of Recent Cases and Comment,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol17/iss2/7