Changes

''See also [[Leegin Creative Leather Prods. v. PSKS, Inc.]]'', 551 U.S. 877, 885-887 (2007); ''Am. Needle, Inc. v. NFL'', 130 S. Ct. 2201, 2217 (2010).

''See also [[Leegin Creative Leather Prods. v. PSKS, Inc.]]'', 551 U.S. 877, 885-887 (2007); ''Am. Needle, Inc. v. NFL'', 130 S. Ct. 2201, 2217 (2010).

"Under this rule, the factfinder weighs all of the circumstances of a case in deciding whether a restrictive practice should be prohibited as imposing an unreason-able restraint on competition."<ref>''Continental T. V., Inc. v. GTE Sylvania Inc.'', 433 U.S. 36, 49 (1977)</ref> Appropriate factors to take into account include "specific information about the relevant business" and "the restraint's history, nature, and effect." <ref>''[[State Oil Co. v. Khan]]'', 522 U.S. 3, 10 (1997)</ref>. Whether the businesses involved have market power is a further, significant consideration. <ref>''See, e.g., [[Copperweld Corp. v. Independence Tube Corp.]]'', 467 U.S. 752, 768 (1984) (equating the rule of reason with "an inquiry into market power and market structure designed to assess [a restraint's] actual effect")</ref> <ref>''See also Illinois Tool Works Inc. v. Independent Ink, Inc.'', 547 U.S. 28, 45-46 (2006).</ref> In its design and function the rule distinguishes between restraints with anticompetitive effect that are harmful to the consumer and restraints stimulating competition that are in the consumer's best interest.

"Under this rule, the factfinder weighs all of the circumstances of a case in deciding whether a restrictive practice should be prohibited as imposing an unreason-able restraint on competition."<ref>''Continental T. V., Inc. v. GTE Sylvania Inc.'', 433 U.S. 36, 49 (1977)</ref> Appropriate factors to take into account include "specific information about the relevant business" and "the restraint's history, nature, and effect.".<ref>''[[State Oil Co. v. Khan]]'', 522 U.S. 3, 10 (1997)</ref> Whether the businesses involved have market power is a further, significant consideration.<ref>''See, e.g., [[Copperweld Corp. v. Independence Tube Corp.]]'', 467 U.S. 752, 768 (1984) (equating the rule of reason with "an inquiry into market power and market structure designed to assess [a restraint's] actual effect")</ref><ref>''See also Illinois Tool Works Inc. v. Independent Ink, Inc.'', 547 U.S. 28, 45-46 (2006).</ref> In its design and function the rule distinguishes between restraints with anticompetitive effect that are harmful to the consumer and restraints stimulating competition that are in the consumer's best interest.

In the [[Third Circuit]], a plaintiff must show under the "Rule of Reason" that:

In the [[Third Circuit]], a plaintiff must show under the "Rule of Reason" that:

== Other tests ==

== Other tests ==

The "rule of reason" test does not govern all restraints.  The [[per se]] rule, treating categories of restraints as necessarily illegal, eliminates the need to study the reasonableness of an individual restraint in light of the real market forces at work <ref>''Business Electronics Corp. v. Sharp Electronics Corp.'', 485 U.S. 717, 723 (1988)</ref>; and, it must be acknowledged, the per se rule can give clear guidance for certain conduct. Restraints that are per se unlawful include horizontal agreements among competitors to fix prices, or to divide markets.<ref> ''see Palmer v. BRG of Ga., Inc.'', 498 U.S. 46, 49-50 (1990) (per curiam)</ref>.

The "rule of reason" test does not govern all restraints.  The [[per se]] rule, treating categories of restraints as necessarily illegal, eliminates the need to study the reasonableness of an individual restraint in light of the real market forces at work;<ref>''Business Electronics Corp. v. Sharp Electronics Corp.'', 485 U.S. 717, 723 (1988)</ref> and, it must be acknowledged, the per se rule can give clear guidance for certain conduct. Restraints that are per se unlawful include horizontal agreements among competitors to fix prices, or to divide markets.<ref>''see Palmer v. BRG of Ga., Inc.'', 498 U.S. 46, 49-50 (1990) (per curiam)</ref>

==References==

==References==

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[[category:United States Supreme Court Cases]]

[[Category:United States Supreme Court Cases]]

[[category:antitrust]]

[[Category:Antitrust]]

[[Category:United States Law]]

[[Category:United States Law]]

[[category:antitrust]]

[[Category:Antitrust]]