Publication Date


Document Type

Survey Article


In 1980 there were twenty-one antitrust related opinions in the Fifth Circuit. This is about the number of opinions of each of the last few years. Overall, evidentiary and procedural questions were prominent. However, two cases did articulate new analytical structures for existing substantive law. These were, respectively, application of a new approach to evaluating conduct traditionally labelled as business torts,' and an attempt to articulate a "facial" rule of reason to supplement the traditional dichotomy of the per se rule and the rule of reason.' In addition, 1980 saw a substantial decline in the number and importance of cases dealing with vertical business practices.

For purposes of convenience, this article will be organized into five categories. An initial discussion of cases dealing with horizontal restraints will be followed by cases dealing with vertical restraints. Then, exemptions and immunities will be discussed. These will be followed by procedural questions and the usual miscellaneous section.