A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance

Authors

Thom Lambert, University of Missouri School of LawFollow

Document Type

Article

Publication Date

2010

Abstract

This article evaluates these approaches from the perspective of decision theory and, finding each lacking, proposes an alternative approach to structuring the rule of reason governing RPM. Part II sets forth the decision-theoretic perspective, which seeks to maximize the net benefits of liability rules by minimizing the sum of decision and error costs. Part III then evaluates, from the standpoint of decision theory, the proposed approaches to evaluating instances of RPM. Part IV proposes an alternative evaluative approach that is more consistent with decision theory’s insights.

Recommended Citation

Thomas A. Lambert, A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance, 55 Antitrust Bull. 172 (2010)