I mean every hyperbolic word here => latest convo of @LeConcurrential w/ Bill Kovacic is gold mine of antitrust wisdom leconcurrentialiste.com/a-conversation… 1/n
The requirements of practice makes antitrust laws converge toward rebuttable presumptions, quasi rules, and structured standards 2/n
Use of per se rules moves away discussion from economic analytics => legal classification issues, as seen in early Sherman Act cases. Equally facts intensive, and costly for plaintiffs 3/n
Let’s be honest w/ ourselves abt categorical prohibitions => it’s not that simple. There are tradeoffs everywhere. It’s bad policy to leave them hidden 4/n
The (c) is to Prof Pablo Ibanez who once said/wrote sthing likeplay the ball not the (wo)man 5/n
And real history matters, not funky history. Go read the cases yourselves /End
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