Sherman Act e costituzione economica: la contesa applicativa davanti alla Corte Suprema e la questione del “Big Business”

Abstract

Sherman Act and economic constitution: the interpretative contention before the Supreme Court and the issue of “Big Business” – The Report about competition in digital markets offers the opportunity to analyze the interpretive contention before the Supreme Court regarding the Sherman Act. The essay is thus focused on the path which led from the application of the rule of per se parameter to the rule of reason: the former is a more rigorous one, mainly concerned with the protection of small dealers, whereas the latter is more “flexible” and inspired by the theories of economic efficiency. Nowadays, phenomena of monopolization in digital markets arise the question if rule of reason, considering the economic and constitutional order, is still a suitable standard.