|
Schedule Registration Housing |
| Sunday, January 9, 2000 9:00-10:45 a.m. |
Maryland Suite B
Marriott Wardman Park Hotel Lobby Level |
|
Section on Antitrust and Economic Regulation |
|
| Andrew I. Gavil, Howard University, Chair |
| The Future Course of the Rule of Reason |
| (Program to be published in Antitrust Law Journal) |
| Moderator: | |
| Andrew I. Gavil, Howard University | |
| Speakers: | |
| Thomas C. Arthur, Emory University
Marina L. Lao, Seton Hall University Alan J. Meese, College of William & Mary Timothy J. Muris, George Mason University Mark R. Patterson, Fordham University Willard K. Tom, Deputy Director, Bureau of Competition, U.S. Federal Trade Commission, Washington, D.C. |
| This program will focus on the meaning, uses and potential abuses of "abbreviated" rule of reason analysis. The abbreviated rule of reason as a concept arguably originated with Professor Areeda's "twinkling of an eye" phrase, cited with approval in the Supreme Court's NCAA decision, but was more fully developed by Judge Frank Easterbrook in that case and in his 1984 "Limits of Antitrust" article. In contrast to Judge Easterbrook's "filters" approach, which was largely conceived as a mechanism for weeding out weak cases, there is a movement afoot in the cases, commentary and enforcement agencies to shape a plaintiff's abbreviated approach. In cases like Brown University and California Dental, the government has advocated a variety of models for such abbreviated analysis. The program will focus on recent enforcement initiatives and commentary that are designed to better define "abbreviated" rule of reason analysis, including the burdens of proof associated with them. Our goal will be to generate some balanced, critical analysis of the features, costs and benefits of such "abbreviated" approaches, as well as their implications for our more general understanding of the current state of the rule of reason. |