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The article examines need of modification of the traditional dichotomous approach of quick look which courts embraced on issues related to Antitrust Law in the U.S. Topics discussed include the U.S. Supreme Court's decision in the case 'Northern Pacific Railway Co. v. United States;' ways in which quick look reflects a fundamental misunderstanding of the cost of implementing per se liability; and need of private, administrative, and judicial investments to implement the quick look.

The article discusses the elements of a criminal antitrust violation under the section one of the Sherman Act. Topics discussed include the U.S. Supreme Court comparison of the generality and adaptability of the Act, criminal and civil violations of the Act, and the U.S. congress' expectation from the courts to give shape to the section's broad language by creating a common law of antitrust.