Thom, Tom, and Section 2

I highly recommend co-blogger Thom’s paper (discussed in this post) for those interested in the current Section 2 debate over the appropriate standard for exclusionary conduct. While I tend to fall into the camp that views unilateral firm conduct as too diverse for a “holy grail” test to make sense, and therefore support different tests for different types of conduct, Thom’s paper does an excellent job of summarizing these tests and working through the potential implications of the Supreme Court’s Weyerhaeuser decision for each of them.

Read the full piece here.