Rule of Reason definition

Rule of Reason in Antitrust Analysis: General Issues 37-38 (Federal Judicial Center, June 1981). The application of Xxxxxxxxx Xxxxxx’x example to this case could not be clearer or more compelling. Like Ford and General Motors, Shell and Texaco were major factors in the gasoline market; their joint selling eliminated important price competition between them; they were quite substantial enough to distribute their products independently; and one can hardly imagine a procompeti- tive justification actually probable in fact or strong enough in principle to make their arrangement reasonable under Section 1. Certainly Shell and Texaco could not imagine a procompetitive justification that would make their price fixing reasonable, though given every opportunity to do so. Added to this were demonstrated market effects: enormous price increases following the price fixing, although crude oil prices fell to historic lows. Quick look treatment is therefore also clearly warranted here.
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Rule of Reason. – means that an agreement’s legality is judged by balancing the agreement’s economic and business justification against its anticompetitive effect.
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Rule of Reason. The Dealer Termination Cases and the Demise of Section 1 of the Xxxxxxx Act, 22 Conn. L. Rev. 129, 131 (1989).
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Examples of Rule of Reason in a sentence

  • The primary rule of the Capital Growth Management Code is the Rule of Reason, Conscience and Integrity.

  • Meese, Price Theory, Competition, and the Rule of Reason, 2003 U.

  • Stucke, Does the Rule of Reason Violate the Rule of Law?, 42 U.C. DAVIS L.

  • Carrier, The Rule of Reason: An Empirical Update for the 21st Century, 16 GEO.

  • Ginsburg, Vertical Restraints: De Facto Legality Under the Rule of Reason, 60 ANTITRUST L.J. 67 (1991).

  • In addition to the Rule of Reason, Conscience and Integrity, the following specific restrictions in this Section IV apply to all securities transactions for accounts subject to the Code, except the exempt transactions which follow the rule: NO EMPLOYEE OF CAPITAL GROWTH MANAGEMENT MAY PURCHASE A SECURITY IF SECURITIES OF THE SAME ISSUER ARE HELD IN ANY OF THE FIRM’S CLIENT ACCOUNTS OR FOR WHICH A CLIENT ACCOUNT HAS A PENDING “BUY ORDER”.

  • Feldman, The Misuse of the Less Restrictive Alternative Inquiry in Rule of Reason Analysis, 58 AM.

  • Posner, The Rule of Reason and the Economic Approach: Reflections on the Sylvania Decision, 45 U.

  • Ct. 2201, 2216-17 (2010) (noting that “the Rule of Reason can sometimes be applied in the twinkling of an eye” and that certain “features of the NFL may save agreements amongst the teams .

  • Carrier, The Real Rule of Reason: Bridging the Disconnect, 1999 BYU L.


More Definitions of Rule of Reason

Rule of Reason. Special Factors
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Related to Rule of Reason

  • For Good Reason as defined in Section 6.4.

  • Termination for Good Reason means a Termination of Employment by Executive for a Good Reason.

  • Voluntary Termination for Good Reason means the Employee voluntarily resigns after the occurrence of any of the following (i) without the Employee’s express written consent, a material reduction of the Employee’s duties, title, authority or responsibilities, relative to the Employee’s duties, title, authority or responsibilities as in effect immediately prior to such reduction, or the assignment to Employee of such reduced duties, title, authority or responsibilities; provided, however, that a reduction in duties, title, authority or responsibilities solely by virtue of the Company being acquired and made part of a larger entity (as, for example, when the Senior Vice-President of a business unit of the Company remains as such following a Change of Control) shall not by itself constitute grounds for a “Voluntary Termination for Good Reason;” (ii) without the Employee’s express written consent, a material reduction, without good business reasons, of the facilities and perquisites (including office space and location) available to the Employee immediately prior to such reduction; (iii) a reduction by the Company in the base salary of the Employee as in effect immediately prior to such reduction; (iv) a material reduction by the Company in the aggregate level of employee benefits, including bonuses, to which the Employee was entitled immediately prior to such reduction with the result that the Employee’s aggregate benefits package is materially reduced (other than a reduction that generally applies to Company employees); (v) the relocation of the Employee to a facility or a location more than thirty-five (35) miles from the Employee’s then present location, without the Employee’s express written consent; (vi) the failure of the Company to obtain the assumption of this agreement by any successors contemplated in Section 7(a) below; or (vii) any act or set of facts or circumstances which would, under California case law or statute constitute a constructive termination of the Employee.

  • Good Reason means:

  • Termination of Service means:

  • Just Cause means:

  • Good Reason Event means (1) fraud, criminal conduct or willful misconduct by or on the part of the Company, (2) a representation or warranty made by the Company herein proving to be untrue in any material respect, or (3) a default in the due performance or observance by the Company of any covenant or agreement contained in this Agreement and such default continuing unremedied for a period of 30 days after written notice thereof to the Company by the Dealer Manager.

  • Disability or Disabled means that during the Elimination Period and your Own Occupation Period you are, as a result of Physical Disease, Injury, Mental Disorder, Substance Abuse or Pregnancy, unable to perform one or more of the Material Duties of your Own Occupation, and, due to such inability, your Work Earnings are less than 80% of your Indexed Predisability Earnings, and you are incapable of earning 80% or more of your Indexed Predisability Earnings. Your Work Earnings may be Deductible Income. See the “LTD Benefit Calculation” and “Deductible Income” sections.

  • Resignation for Good Reason means a Separation as a result of your resignation within 12 months after one of the following conditions has come into existence without your consent:

  • Window Period means the 3 consecutive calendar month period prior to the Scheduled Maturity Date.

  • Good Reason Termination means a termination of employment or service initiated by the Participant upon or after a Change of Control upon one or more of the following events:

  • Disability Date means the date on which a Participant is deemed disabled under the employee benefit plans of the Corporation applicable to the Participant.

  • Without Good Reason means termination of Executive’s employment by Executive other than For Good Reason pursuant to SECTION 3.2(b) below.

  • Effective Termination Date has the meaning set forth in Section 10(b) hereof.

  • Notice of Termination for Good Reason shall have the meaning set forth in Section 1(t).

  • Gravely disabled means a condition in which a person, as a

  • Constructively Terminated means, unless otherwise specified by the Committee in the Award Agreement, a voluntary termination of employment by an Employee within ten (10) business days after any of the following actions by the Company, an Affiliate, or a person acting on behalf of either:

  • Constructive Termination means:

  • Terminated for Cause mean termination of the employment of the Employee because of the Employee's personal dishonesty, incompetence, willful misconduct, breach of a fiduciary duty involving personal profit, intentional failure to perform stated duties, willful violation of any law, rule, or regulation (other than traffic violations or similar offenses) or final cease-and-desist order, or material breach of any provision of this Agreement. The Employee shall not be deemed to have been Terminated for Cause unless and until there shall have been delivered to the Employee a copy of a resolution, duly adopted by the affirmative vote of not less than a majority of the entire membership of the Board of Directors at a meeting of the Board called and held for such purpose (after reasonable notice to the Employee and an opportunity for the Employee, together with the Employee's counsel, to be heard before the Board), stating that in the good faith opinion of the Board the Employee has engaged in conduct described in the preceding sentence and specifying the particulars thereof in detail.

  • Stated Termination Date means, with respect to the Revolving Credit Facility, March 4, 2027 and, with respect to any Extended Revolving Credit Facility, the maturity date set forth in the Extension Agreement related thereto.

  • Retirement Eligible means that the Participant has either attained age 55 and completed ten (10) years of Service as an Employee or attained age 60 and completed five (5) years of Service as an Employee.

  • Seriously disabled means a person with severe physical or sensory disabilities.

  • Continuous Service Status means the absence of any interruption or termination of service as an Employee or Consultant. Continuous Service Status as an Employee or Consultant shall not be considered interrupted in the case of: (i) sick leave; (ii) military leave; (iii) any other leave of absence approved by the Administrator, provided that such leave is for a period of not more than ninety (90) days, unless reemployment upon the expiration of such leave is guaranteed by contract or statute, or unless provided otherwise pursuant to Company policy adopted from time to time; or (iv) in the case of transfers between locations of the Company or between the Company, its Parents, Subsidiaries, Affiliates or their respective successors. A change in status from an Employee to a Consultant or from a Consultant to an Employee will not constitute an interruption of Continuous Service Status.

  • Termination for Just Cause means termination because of Executive’s personal dishonesty, incompetence, willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties, willful violation of any law, rule or regulation (other than traffic violations or similar offenses) or final cease-and-desist order, or material breach of any provision of this Agreement.

  • Vesting Event means the earliest to occur of the following events:

  • Disability/Disabled means because of Injury or Sickness you are unable to perform the material duties of your Regular Occupation, or are receiving disability benefits under the Employer's plan, during the initial 9 months of Disability. Thereafter, you must be unable to perform all of the material duties of any occupation which you may reasonably become qualified based on education, training or experience, or are subject to the terms of a Rehabilitation Plan approved by the Insurance Company.