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University of California Hastings College of Law




In this paper, we survey procompetitive theories of vertical arrangements, and examine how these theories could be organized to aid interpretation of antitrust law. Given the ever-expanding body of literature in this area, this is a daunting task which we cannot hope to complete in a single article. Nevertheless, we find a market-structure based survey a helpful approach. We have introduced various procompetitive theories in connection with the market structures in which they are likely to be applicable, though we do not claim they could only operate within a specific market context. Our approach should aid antitrust courts in setting priorities among the factors to be considered in rule of reason analysis, and provide them a relatively clear path to follow when analyzing cases under the rule of reason.

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