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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.
Concurrences Antitrust Publications & Events
Rule of Reason
Judges | Law
Baker, Jonathan and Gavil, Andrew, "Judge Douglas H. Ginsburg and Antitrust Law's Rule(s) of Reason" (2019). Contributions to Books. 272.