Antitrust & Trade Reg.
Nov. 20, 2015
Antitrust balancing is art, not a science
Judges often describe the process of evaluating potentially harmful and potentially beneficial factors in antitrust litigation as "balancing." By Herbert Hovenkamp
Antitrust litigation often faces situations where some factors point toward competitive harm while others indicate benefit. Judges often describe the process of evaluating these factors as "balancing." In United States v. Apple Inc., 791 F. 3d 290 (2d Cir. 2015) - where Apple was found guilty of conspiring with publishers to raise the price of ebooks - the court believed the need to balance is what justifies application...
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