Reverse Settlement Agreements News Today

. That decision was anything but a complete victory for the Commissions position.  Indeed, Justice Breyer wrote a relatively nuanced opinion holding, most importantly, that such settlements were not a per se antitrust violation (the FTCs original position).  Rather, the Court held that such agreements must be evaluated under the "rule of reason."  However, reasonableness ( i.e., how tightly tethered to reality) of any such determination depends in larger part on the reasoner, and this chara...