Most antitrust scholars agree that vertical and horizontal intrabrand restraints such as minimum resale price maintenance and ancillary exclusive territories usually enhance welfare. Nonetheless, there is not universal agreement regarding how, exactly, such restraints have this impact. Following...

During antitrust's "inhospitality era," courts and expert agencies condemned any number of non-standard agreements as "unlawful per se" or nearly so. More recently, courts and agencies have repudiated or softened many such per se rules. In so doing courts and agencies have invoked the lessons of...

The Supreme Court speaks rarely about the meaning of the Sherman Act. When the Court does speak, its pronouncements have particular resonance and staying power among jurists, scholars and enforcers. NCAA v. Board of Regents of the University of Oklahoma was such a case. There the Court assessed...

This Article critique the role that the partial equilibrium trade-off paradigm plays in the debate over the definition of “consumer welfare” that courts should employ when developing and applying antitrust doctrine. The paper contends that common reliance on the paradigm distorts the debate...