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单词 rule of reason
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rule of reason
rule of reason n. Law a standard or criterion by which United States courts test the legality of business activities under section 1 of the Sherman Antitrust Act (1890), which prohibits unreasonable restraint of trade; also in extended use.
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society > law > administration of justice > court proceedings or procedure > judging > [noun] > test for unreasonableness
rule of reason1911
Wednesbury test1968
1911 Proc. Supreme Court 1910 in Senate Doc. 62nd U.S. Congr. 1 Sess. No. 34. 19 The criteria to be resorted to in any given case for the purpose of ascertaining whether violations of the section have been committed is the rule of reason guided by the established law and by the plain duty to enforce the prohibitions of the act.
1954 J. B. Dirlam & A. E. Kahn Fair Competition i. 12 There has been, therefore, some dilution of the traditional ‘rule of reason’, which permitted the courts previously to consider economic justifications for allegedly restrictive, collusive, or exclusive practices.
2003 P. Craig & G. De Búrca EU Law (ed. 3) xviii. 815 The ECJ has also developed a justificatory test for workers, services, and establishment alike which is similar to the Cassis de Dijonrule of reason’ in the free movement of goods context.
2005 Univ. Chicago Law Rev. 72 123 The rule of reason is the appropriate test for judging tying claims involving software integration.
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