Sentences with phrase «pro-competitive effects of the agreement»
The lawfulness of such agreements will in many cases be analyzed under the Rule of Reason, which balances the pro-competitive effects of the agreement, if any, against the anti-competitive consequences.
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In a decision with far - reaching implications for patent misuse doctrine generally, the court (1) affirmed that patent misuse is applicable only to specific anticompetitive patentee conduct; and (2) recognized that an agreement between partners to a joint venture not to compete with the venture can have legitimate and pro-competitive purposes, and therefore can be condemned only on proof of anticompetitive effects under the rule of reason.