The framework applies where an observer with rudimentary economic understanding could conclude the arrangement would harm competition. The burden shifts to the defendant to offer a procompetitive justification.
It occupies a middle ground between per se and full rule of reason.
Alternative Names:
Quick Look|Abbreviated Rule of Reason
Why it Matters?
Quick look shifts the burden without requiring market definition and power proof, which eliminates the plaintiff's most demanding evidentiary obligation, and defendants accordingly resist the framework by establishing that the restraint's effects are not obvious and require market context. Offering a plausible procompetitive justification also moves the analysis back to full rule of reason in most formulations.
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Related terms
Frequently asked questions
What does quick look eliminate?
How do defendants resist it?
