Rule of Reason

1
Rule of Reason Price Fixing

• BMI transactions costs efficiency concerns
• Blanket license was non-exclusive
• Per se rule inappropriate
• Implication of different, packaged product
• Maricopa talks per se, but does R of R 1st
• (4-3-2) majority rejects efficiency and vertical
  imposition (contrast Brillhart)
• Maximum prices..query
• Early example of quick look

2
More R of R Price Fixing

• NCAA Output cartel? Horizontal price fix?
• F/n 26 discusses quick look
• Competitive milieu suggests R of R
• Market power analysis
• Pricing/payment scheme
• Consumer preferences distorted
• Output restriction
• BMI distinguishable? Appalachian Coal?
• Is refusal to deal with NBC anti-competitive?