A running thread through Second Circuit antitrust jurisprudence is a willingness to examine market participants’ real-world conduct and the consequences of that conduct in seeking out the balance between incentivizing robust competition and protecting the market—and ultimately consumers—from distortions caused by anticompetitive conduct. This Article collects and describes rulings that reflect such themes in Second Circuit antitrust jurisprudence. The court’s long history in this substantive space, its likely continued exposure to critical antitrust questions, and the importance of this area of the law to our national economy assure that others will be examining and shedding further light on the Second Circuit’s important work in antitrust well into the future.
Saul P. Morgenstern, Jennifer B. Patterson, and Terri A. Mazur,
Antitrust Jurisprudence in the Second Circuit,
85 Fordham L. Rev. 111
Available at: http://ir.lawnet.fordham.edu/flr/vol85/iss1/6