DEFINING EXCLUSIONARY CONDUCT: SECTION 2, THE RULE OF REASON, AND THE UNIF Y ING PRINCIPLE UNDERLY ING ANTITRUST RULES

Indeed, scholars, economists, and notable practitioners have advanced numerous proposed general definitions of “exclusionary” conduct, the critical conduct element of Section 2’s monopolization offense.5 These tests include: (1) assessing net effects on consumer welfare (or net competitive effects)6; (2) engaging in a weighted comparison of competitive effects7; (3) determining if the defendant’s conduct involved a “profit-