Antitrust Law

Recent economic and political developments have led the federal government to rethink its role in regulating the competitive structure and performance of American industries in a global context. This course provides an introduction to the legal doctrines, public policies, and intellectual theories that inform the practice and administration of federal antitrust law. We will encounter problems posed by monopolies, mergers, joint ventures, tying arrangements, exclusive dealing, collaboration in pricing, and other business behavior, as they have arisen in a wide variety of industries and markets. We will discuss these problems together, applying the recurring terms and elements of antitrust law, including geographic market definition, product market definition, entry barriers, market foreclosure, antitrust injury, legitimate business purposes, market structure, market concentration, market performance, market failure, monopoly power, market power, the rule of reason, and the per se rule. We will become familiar with the historical development of the law, its present state, and the ideologies and policy choices that will shape its future paths. We will learn to apply the principles of antitrust law to new industries and markets, so that you can be an informed observer, or participant, in its future development.