Elements of an antitrust case: structure, conduct, and performance.

Bringing an antitrust suit involving claims that are decided through the rule of reason, as opposed to per se violations, dictates that counsel introduce evidence of both the defendant's conduct and the market conditions that it and its competitors face. Expert testimony on monopolistic conduct must be based on an industry study that focuses on industry structure, conduct patterns and performance characteristics. Scale economies and price comparisons should also be included in the economic analysis.