Antitrust Analysis in Uncertain Times: FTC v. Superior Court Trial Lawyers Association

Abstract

INTRODUCTION|United States antitrust laws exist to preserve competition and prevent monopoly. The intent of Congress in this area has always been to allow competition to regulate and stimulate the United States economy. The Sherman Antitrust Act reflects this procompetitive philosophy. However, the broad provisions of the Sherman Antitrust Act have required considerable judicial interpretation over the years. In order to facilitate interpretation, courts have developed two methods of antitrust analysis. These methods are the rule of reason and the per se doctrine. |In FTC v. Superior Court Trial Lawyers Association, the United States Supreme Court held that a group boycott was an undue restraint of trade in violation of section five of the Federal Trade Commission Act and section one of the Sherman Antitrust Act." In so doing, the Supreme Court rejected a new antitrust liability exception for the "expressive" boycott...