#192 When Is Doing Good Bad? Understanding the Antitrust Implications of ESG.
Our Curious Amalgam
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Is the Rule of Reason in Antitrust?
The judge didn't say that the agreement on eggs was okay because we're going to assign so many units of utilization to chicken happiness. It really was an analysis that was focused on what was the actual competitive effect of that agreement. That would have almost certainly lost, at least under doctrinal approach to antitrust law. But those judgments aren't going to be made by competitors in a marketplace. They're going to bemade by political actors, whether that's Congress or state legislatures.
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