The Failure of "Quick-Look" Analysis of Antitrust Claims (American University Business Law Review)
Jonathan Berman is the author of a law review article examining how, in antitrust cases, the "quick-look" methodology is—in theory—available to summarily condemn conduct that has obvious anticompetitive effects, even if the conduct does not fall within the narrow confines of the "per se" rules. In practice, the quick-look methodology has proven unworkable. Attempts to invoke the methodology are unlikely to accomplish anything other than making the underlying lawsuit more complicated and protracted. This article, which has been accepted for publication in the American University Business Law Review, argues that courts should explicitly abandon the quick-look doctrine.
Shared with permission of the American University Business Law Review : 14 Am. U. Bus. L. Rev. (forthcoming 2024).
