Presumptive Rule of Reason burden-shifting analysis (antitrust market + anticompetitive effect vs procompetitive justification)

OR · 15usc1:restraint.rule-of-reason

Default standard under § 1 (Ohio v. American Express Co., 585 U.S. 529 (2018); Leegin): three-step burden-shifting framework: (1) plaintiff proves substantial anticompetitive effect in a defined relevant product and geographic market (directly via reduced output/supercompetitive prices, or indirectly via market power + anticompetitive structure); (2) defendant proffers nonpretextual procompetitive justifications; (3) plaintiff shows the efficiencies could be reasonably achieved through less anticompetitive means.

Exact element source

in restraint of trade or commerce
Source: docroot/ir/usc/title15.jsonl#title15_sec1; Unicode character offsets [135:168] (end exclusive); SHA-256 9c248965c2c712de1e3f3d52a17be4c90dfdcac5d3f9fea0b7220b164e2c2973.

All variants

Recorded DB variant labels, including zero-count variants
VariantDescriptionMerits instance blocksDistinct casesExample cases (up to 3 per group)
anticompetitive-effect/single-competitor-excluded-no-market-proof0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /f-supp/864/1175-01 — United States District Court for the Middle District of Florida · 1994 — applied/alternative

rule-of-reason/vertical-minimum-resale-price-maintenance0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /us/551/0877-01 — Supreme Court of the United States · 2007 — rule-announced/merits

Unspecified variantNo variant assigned in the database.0
Satisfied 0; not satisfied 0; excluded context 5
0No counted merits examples

Excluded context examples: /f-supp-2d/385/0740-01 — United States District Court for the Northern District of Illinois · 2005 — rule-announced/merits; /f2d/361/0874-01 — United States Court of Appeals for the First Circuit · 1966 — applied/merits; /f3d/496/0403-01 — United States Court of Appeals for the Fifth Circuit · 2007 — applied/merits

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f-supp-2d/385/0740-01 — United States District Court for the Northern District of Illinois · 2005Presumptive Rule of Reason burden-shifting analysis (antitrust market + anticompetitive effect vs procompetitive justification)not_reached
Excluded from merits counts
rule-announced / merits

count: Claim I; subject: count=Claim I

Selected as the governing standard for Claim I (the selection itself is recorded in the restraint.per-se Claim I block); the court expressly withholds any view on ultimate lawfulness.
Unspecified variantNo source quotation recorded for this block.
/f-supp/864/1175-01 — United States District Court for the Middle District of Florida · 1994Presumptive Rule of Reason burden-shifting analysis (antitrust market + anticompetitive effect vs procompetitive justification)not
Excluded from merits counts
applied / alternative

basis: no-evidence; count: Count III; subject: count=Count III

Alternative merits holding ("Even if the Court were to assume that Plaintiff has standing"): privilege suspension is not a per se group boycott; with no actual detrimental effects shown, market definition and market power were required and wholly absent. The mode-of-analysis choice (first held line) and the failure of proof under it (second held line) are one block because the claim fails under the selected mode.
anticompetitive-effect/single-competitor-excluded-no-market-proof
Plaintiff has suggested that this ease involves a group boycott, which traditionally has been categorized as a per se violation.
Source: docroot/ir/caselaw/f_supp_864.jsonl#/f-supp/864/1175-01; Unicode character offsets [18005:18133] (end exclusive); SHA-256 06c1960d1dc678061d6eacfba6f9a02c11fb0fa2859d08dc7ca865e6700f0fb3.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

As Defendants note, Plaintiff has not attempted to define the relevant market or provide evidence of market power.
Source: docroot/ir/caselaw/f_supp_864.jsonl#/f-supp/864/1175-01; Unicode character offsets [18816:18930] (end exclusive); SHA-256 06c1960d1dc678061d6eacfba6f9a02c11fb0fa2859d08dc7ca865e6700f0fb3.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

After his suspension, he went on to compete effectively in Orlando.
Source: docroot/ir/caselaw/f_supp_864.jsonl#/f-supp/864/1175-01; Unicode character offsets [20199:20266] (end exclusive); SHA-256 06c1960d1dc678061d6eacfba6f9a02c11fb0fa2859d08dc7ca865e6700f0fb3.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

If the antitrust violation involves “ ‘a naked restriction on price or output’ ” or, similarly, if a plaintiff can provide “‘proof of actual detrimental effects,’ ” failure to prove market power will not defeat a plaintiff’s claim.
Source: docroot/ir/caselaw/f_supp_864.jsonl#/f-supp/864/1175-01; Unicode character offsets [17680:17911] (end exclusive); SHA-256 06c1960d1dc678061d6eacfba6f9a02c11fb0fa2859d08dc7ca865e6700f0fb3.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Upon review of relevant caselaw, the Court concludes that the proper analysis in this case is the rule of reason.
Source: docroot/ir/caselaw/f_supp_864.jsonl#/f-supp/864/1175-01; Unicode character offsets [18247:18360] (end exclusive); SHA-256 06c1960d1dc678061d6eacfba6f9a02c11fb0fa2859d08dc7ca865e6700f0fb3.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Unlike the plaintiff in Boczar, Plaintiff must establish market power in order to maintain a claim under Section 1. This he has not done.
Source: docroot/ir/caselaw/f_supp_864.jsonl#/f-supp/864/1175-01; Unicode character offsets [20267:20404] (end exclusive); SHA-256 06c1960d1dc678061d6eacfba6f9a02c11fb0fa2859d08dc7ca865e6700f0fb3.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f2d/361/0874-01 — United States Court of Appeals for the First Circuit · 1966Presumptive Rule of Reason burden-shifting analysis (antitrust market + anticompetitive effect vs procompetitive justification)not_reached
Excluded from merits counts
applied / merits

Unspecified variantNo source quotation recorded for this block.
/f3d/496/0403-01 — United States Court of Appeals for the Fifth Circuit · 2007Presumptive Rule of Reason burden-shifting analysis (antitrust market + anticompetitive effect vs procompetitive justification)not_reached
Excluded from merits counts
applied / merits

Unspecified variantNo source quotation recorded for this block.
/us/547/0001-01 — Supreme Court of the United States · 2006Presumptive Rule of Reason burden-shifting analysis (antitrust market + anticompetitive effect vs procompetitive justification)not_reached
Excluded from merits counts
applied / merits

Plaintiffs disclaimed a rule of reason claim, which is why losing the per se question ends the case.
Unspecified variantNo source quotation recorded for this block.
/us/551/0877-01 — Supreme Court of the United States · 2007Presumptive Rule of Reason burden-shifting analysis (antitrust market + anticompetitive effect vs procompetitive justification)not_reached
Excluded from merits counts
rule-announced / merits

theory: vertical minimum resale price maintenance agreements between manufacturer and retailers; subject: theory=vertical minimum resale price maintenance agreements between manufacturer and retailers

Court supplies guidance factors for remand (breadth of use in the industry, source of the restraint, market power) but does not apply them to Leegin.
rule-of-reason/vertical-minimum-resale-price-maintenance
Resale price maintenance should be subject to more careful scrutiny, by contrast, if many competing manufacturers adopt the practice.
Source: docroot/ir/caselaw/us_551.jsonl#/us/551/0877-01; Unicode character offsets [32031:32164] (end exclusive); SHA-256 6dc0b5ffec12ec474152aa4935b052042835b8bd19a739a908c122c1a115df37.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

If there is evidence retailers were the impetus for a vertical price restraint, there is a greater likelihood that the restraint facilitates a retailer cartel or supports a dominant, inefficient retailer.
Source: docroot/ir/caselaw/us_551.jsonl#/us/551/0877-01; Unicode character offsets [32676:32880] (end exclusive); SHA-256 6dc0b5ffec12ec474152aa4935b052042835b8bd19a739a908c122c1a115df37.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/us/560/0183-01 — Supreme Court of the United States · 2010Presumptive Rule of Reason burden-shifting analysis (antitrust market + anticompetitive effect vs procompetitive justification)not_reached
Excluded from merits counts
applied / merits

Reasonableness of the exclusive headwear license left for remand; competitive balance flagged as a possible justification.
Unspecified variantNo source quotation recorded for this block.

Court interpretations

interpretation

There is a general presumption in favor of applying the rule of reason standard except in those cases where the alleged agreement or activity is “manifestly anticompetitive.”

/f2d/845/1367-01 — United States Court of Appeals for the Sixth Circuit · 1988

There is a general presumption in favor of applying the rule of reason standard except in those cases where the alleged agreement or activity is “manifestly anticompetitive.”
Source: docroot/ir/caselaw/f2d_845.jsonl#/f2d/845/1367-01; Unicode character offsets [9969:10143] (end exclusive); SHA-256 6de135bb995241e5b5920b922fd1d37a36df556878ae18ce5aacbff66b08be04.

Default standard under § 1 (Ohio v. American Express Co., 585 U.S. 529 (2018); Leegin): three-step burden-shifting framework: (1) plaintiff proves substantial anticompetitive effect in a defined relevant product and geographic market (directly via reduced output/supercompetitive prices, or indirectly via market power + anticompetitive structure); (2) defendant proffers nonpretextual procompetitive justifications; (3) plaintiff shows the efficiencies could be reasonably achieved through less anticompetitive means.

interpretation

Resale price maintenance should be subject to more careful scrutiny, by contrast, if many competing manufacturers adopt the practice.

/us/551/0877-01 — Supreme Court of the United States · 2007

Resale price maintenance should be subject to more careful scrutiny, by contrast, if many competing manufacturers adopt the practice.
Source: docroot/ir/caselaw/us_551.jsonl#/us/551/0877-01; Unicode character offsets [32031:32164] (end exclusive); SHA-256 6dc0b5ffec12ec474152aa4935b052042835b8bd19a739a908c122c1a115df37.

Default standard under § 1 (Ohio v. American Express Co., 585 U.S. 529 (2018); Leegin): three-step burden-shifting framework: (1) plaintiff proves substantial anticompetitive effect in a defined relevant product and geographic market (directly via reduced output/supercompetitive prices, or indirectly via market power + anticompetitive structure); (2) defendant proffers nonpretextual procompetitive justifications; (3) plaintiff shows the efficiencies could be reasonably achieved through less anticompetitive means.

interpretation

If there is evidence retailers were the impetus for a vertical price restraint, there is a greater likelihood that the restraint facilitates a retailer cartel or supports a dominant, inefficient retailer.

/us/551/0877-01 — Supreme Court of the United States · 2007

If there is evidence retailers were the impetus for a vertical price restraint, there is a greater likelihood that the restraint facilitates a retailer cartel or supports a dominant, inefficient retailer.
Source: docroot/ir/caselaw/us_551.jsonl#/us/551/0877-01; Unicode character offsets [32676:32880] (end exclusive); SHA-256 6dc0b5ffec12ec474152aa4935b052042835b8bd19a739a908c122c1a115df37.

Default standard under § 1 (Ohio v. American Express Co., 585 U.S. 529 (2018); Leegin): three-step burden-shifting framework: (1) plaintiff proves substantial anticompetitive effect in a defined relevant product and geographic market (directly via reduced output/supercompetitive prices, or indirectly via market power + anticompetitive structure); (2) defendant proffers nonpretextual procompetitive justifications; (3) plaintiff shows the efficiencies could be reasonably achieved through less anticompetitive means.

interpretation

If the antitrust violation involves “ ‘a naked restriction on price or output’ ” or, similarly, if a plaintiff can provide “‘proof of actual detrimental effects,’ ” failure to prove market power will not defeat a plaintiff’s claim.

/f-supp/864/1175-01 — United States District Court for the Middle District of Florida · 1994

If the antitrust violation involves “ ‘a naked restriction on price or output’ ” or, similarly, if a plaintiff can provide “‘proof of actual detrimental effects,’ ” failure to prove market power will not defeat a plaintiff’s claim.
Source: docroot/ir/caselaw/f_supp_864.jsonl#/f-supp/864/1175-01; Unicode character offsets [17680:17911] (end exclusive); SHA-256 06c1960d1dc678061d6eacfba6f9a02c11fb0fa2859d08dc7ca865e6700f0fb3.

Default standard under § 1 (Ohio v. American Express Co., 585 U.S. 529 (2018); Leegin): three-step burden-shifting framework: (1) plaintiff proves substantial anticompetitive effect in a defined relevant product and geographic market (directly via reduced output/supercompetitive prices, or indirectly via market power + anticompetitive structure); (2) defendant proffers nonpretextual procompetitive justifications; (3) plaintiff shows the efficiencies could be reasonably achieved through less anticompetitive means.