A US Federal Court of Appeals reaffirms flexible legal standard for restraints in competitor collaborations (Ohio Chemical Services / Falconbridge)

A new decision by a U.S. federal judge and leading antitrust scholar has reaffirmed the U.S. antitrust principle that competitive restraints adopted to foster competitor collaborations will not be summarily condemned under the per se rule, but instead evaluated under a rule of reason analysis when they are supported by plausible procompetitive justifications. This opinion by Judge Richard Posner in the Sulfuric Acid Antitrust Litigation provides welcome guidance for companies considering how to structure competitor collaborations — a process that often involves the adoption of restraints to align parties’ incentives and further the parties’ efforts to achieve the

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Michelle K. Fischer, Thomas Demitrack, Paula W. Render, A US Federal Court of Appeals reaffirms flexible legal standard for restraints in competitor collaborations (Ohio Chemical Services / Falconbridge), 27 December 2012, e-Competitions Bulletin December 2012, Art. N° 66690

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