LAW 642 Lecture Notes - Lecture 44: Business Judgment Rule, Market Power, Credit Suisse
30 May 2020
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California dental association had certain rules prohibiting/regulating advertisement of across-the-board discounts (10% off for students! Ftc and lower court found per se violations for prohibition on price advertisements, and quick look violation on others. After cal dental, there is a much narrower view of the per se rule, allowing defendants to bring in arguments about countervailing benefits to consumers to get past per se violation. Now for a case with an integration interest . Defendant atlas moving company requires its agents not to engage in the moving business while they are acting as agents for atlas (covenant not to compete). Is it so baldly anticompetitive that it warrants no more than a quick look analysis: there is the countervailing concern of the free rider problem. Majority had found that behavior was not per se anticompetitive, and remanded for rule of reason analysis.
