Time and again the Rehnquist Court has favored antitrust certainty. When faced with a choice between achieving individualized justice and adhering to relatively clear, generalized rules, it has usually chosen the latter. The certainty of objective evidence has been preferred to the more customized resort to subjective evidence.
This pattern continued during the 1992-93 term. Perceived objectivity through generalized rules triumphed in the term's four antitrust cases, Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc., Spectrum Sports, Inc. v. McQuillan, Hartford Fire Insurance Co. v. California, and Brooke Group Ltd. v. Brown & Williamson Tobacco Corp.
This article will discuss each case in turn. It will be seen that especially in terms of the litigation process at the Court and the quality of the decisions, it was an unsatisfying antitrust year.
Antitrust and Trade Regulation | Law | Supreme Court of the United States
Stephen Calkins, The October 1992 Supreme Court Term and Antitrust: More Objectivity Than Ever, 62 Antitrust L. J. 327 (1994).