Injecting Innovation into The Rule of Reason: A Comment on Evans and Hylton

The Evans and Hylton paper on The Lawful Acquisition and Exercise of Monopoly Power and its Implications for the Objectives of Antitrust arrived in my in-box at about the same time as the U.S. Department of Justice’s report on Competition And Monopoly: Single-Firm Conduct Under Section 2 Of The Sherman Act (“DOJ Reportâ€Â). The two documents have much in common. Both place the historical development of the legal treatment of monopoly in an historical context and consider appropriate tests to evaluate when single-firm conduct should run afoul of the Sherman Act.