Fordham Law Review Volume 60 Issue 3 Article 1 1991 The New Role of Coercion in Antitrust Jean Wegmen Burns Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Jean Wegmen Burns, The New Role of Coercion in Antitrust, 60 Fordham L. Rev. 379 (1991). Available at: https://ir.lawnet.fordham.edu/flr/vol60/iss3/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. THE NEW ROLE OF COERCION IN ANTITRUST JEAN WEGMAN BURNS* With the ascendancy of the economic efficiency approach and its emphasis on competitive prices and output, coercion-the use of force or threat; to compel another to act against one's will-seemingly no longer has a role to play in anti- trust analysis Professor Burns argues that coercion is indeed still relevant in antitrust analysis, though its role has changedfrom the central character it once played in the early antitrust cases. After analyzing the evolving role of coercion, Professor Burns concludes that the concept is still useful in vertical restraintsand tie-ins in distinguishing between efficient restraintsand inefficient ones and in evaluating the antitrust-injurystanding requirement INTRODUCTION C OERCION has been an elusive presence in antitrust jurisprudence for years. At times it has been a dominant player, taking center stage in the determination of legality or illegality.