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" ... In terms of a crisp policy prescriptions, Feld proposes a rule that would “[l]imit nondiscrimination to harmful economic discrimination.” This makes sense, and it is consistent with the evidentiary requirement imposed on complainants in program-carriage cases to show that the discrimination “unreasonably restrained” their ability to compete effectively. Regarding other evidentiary burdens, Feld notes correctly that “a harmed party does not need to prove discriminatory intent or other improper motive;” evidence of competitive effects should suffice. ... "