Professor of Law
Cases and Materials on U.S. Antitrust in Global Context. 2nd ed. (Thomson West, 2004) (with E. Fox & L. Sullivan).
Teacher's Manual to Accompany Cases and Materials on U.S. Antitrust in Global Context. 2nd ed. (Thomson West, 2004) (with E. Fox& L. Sullivan).
Competition Policy in America: History, Rhetoric, Law. (Oxford
University Press, 1996; revised edition, 2001). Occasioned
“Symposium: Provocations and Reflections upon Competition Policy in
America,” 42 Antitrust Bulletin 239–456 (1997).
CHAPTERS IN BOOKS
“The Life and Times of Dr. Miles Medical Company,” in Antitrust Stories (E. Fox & D. Crane, eds., West Publishing, forthcoming 2007).
“The Impact of Antitrust Law on Intellectual Property Rights in the United States,” in The Competition—Intellectual Property Interface: A Comparative Perspective (S.J. Anderman, ed., Cambridge University Press, 2006).
"Tipping," Chapter in Network Access, Regulation and Antitrust, at 28-34 (D.Moss, ed.)(Routledge, 2005).
“Tipping and Network Effects,” in Network Access: Lessons Learned in Regulations and Antitrust (D. Moss, ed., Routledge Press, 2004).
“Dynamic Efficiency and U.S. Antitrust Policy,” Chapter 6 in Post-Chicago Developments in Antitrust Law at 108–128 (A. Cucinotta, R. Pardoles & R. Van den Burgh, eds., Edward Elgar Publishing, 2002).
“The ‘Rule of Reason’ in Antitrust Law: Property
Logic in Restraint of Competition,” Chapter 12 in Competition
Law at 303–360 (R. Greaves, ed., Ashgate, 2003) reprint of 40
Hastings Law Journal 285–342 (1989).
LAW REVIEW AND OTHER SCHOLARLY PUBLICATIONS
“Doctrinal Cross-Dressing in Derivative Aftermarkets: Kodak, Xerox and the Copycat Game” (American Antitrust Institute Symposium on Complexity Theory and its Application to Antitrust), 51 Antitrust Bulletin 287 (2006).
“Re-Thinking U.S. v. Microsoft in Light of the E.C. Case,” NYLS Legal Studies Research Paper No. 04/05-4 (2004). < http://ssrn.com/abstract=571803>.
“Toward a Dynamic Antitrust Analysis of Strategic Market Behavior” (Antitrust: Stretching the Envelope: Third Annual Symposium of the American Antitrust Institute), 47 New York Law School Law Review 101–118 (2003).
“Antitrust Policy and Aggressive Business Strategy: A Historical Perspective on Understanding Commercial Purposes and Effects” (Research Workshop and Conference on Marketing, Competitive Conduct and Antitrust Policy), 21 Journal of Public Policy & Marketing 237–242 (2002).
“Introductory Remarks, An Analytical Framework for Thinking About Economic Justice” (Special Issue: Reflecting on the Legal Issues of Our Times. New York Law School Faculty Presentation Day), 46 New York Law School Law Review 731–734 (2002–2003).
“Theory and Fact in Antitrust Doctrine: Summary Judgment Standards, Single-Brand Aftermarkets, and the Clash of Microeconomic Models,” 45 Antitrust Bulletin 887–920 (2000).
“Il Prodotto de Marca e il Suo Mercato Derivato. Analisi Economica e Inquadramento Giuridico,” 2 Mercato, Concorrenza, Regole 195–221 (1999).
Essay, “Some Realism About Economic Power in a Time of Sectorial Change,” 66 Antitrust Law Journal 247–272 (1997).
Review Essay, “History as an Explanation: Annals of American Political Economy,” 22 Law & Social Inquiry 231–264 (1997).
“Politics at the Margin: Some Thoughts on the Centrality of ‘and’ in ‘Director and Levi,’ ‘Law and the Future: Trade Regulation(1956)’ (Symposium: The Past and Future of Antitrust: Reconsiderations of Director and Levi’s Law and the Future After Forty Years), 17 Mississippi College Law Review 106–112 (1996).
“Three Visions of Managed Competition, 1920–1950” (Symposium: An Antitrust Revival? Constructing Policies and Goals for a Revitalized Economy), 39 Antitrust Bulletin 273–288 (1994).
“The AT&T-McCaw Merger: Lessons from History and Cautions from Economic Theory,” Media Law & Policy (1994).
“Foreword, Antitrust as Public Interest Law” (Symposium: The Past and Future of Antitrust as Public Interest Law), 35 New York Law School Law Review 767–790 (1991).
Symposium Editor,“The Past and Future of Antitrust as Public Interest Law,” 35 New York Law School Law Review 767–1119 (1991).
“A Counter-History of Antitrust Law” (Symposium: Frontiers of Legal Thought), 1990 Duke Law Journal 263–320.
“A Genealogy of Vertical Restraints Doctrine,” 40 Hastings Law Journal 511–576 (1989).
“The ‘Rule of Reason’ in Antitrust Law: Property Logic in Restraint of Competition,” 40 Hastings Law Journal 285–342 (1989). Excerpted in The Political Economy of the Sherman Act: The First Hundred Years 116 (E.T. Sullivan, ed., Oxford University Press, 1990), reprinted in Competition Law (R. Graves, ed., Dartmouth Publishing Co., 2003), reprinted in Competition Law (Ashgate Publishing, 2004).
“Computer Data and Reliability: A Call for Authentication of Business Records Under the Federal Rules of Evidence,” 80 Northwestern University Law Review 956–1002 (1986). Reprinted in 7 Computer Law/Journal 23–72 (1986).
“The Predicament of Antitrust Jurisprudence: Economics and the
Monopolization of Price Discrimination Argument,” 1984 Duke Law
NEWSPAPER ARTICLES, PRACTICE MATERIALS, AND OTHER PUBLICATIONS
“The Sherman Anti-Trust Law: Enacting A Charter of Economic Liberty,” in Historians on America (Bureau of International Information Programs, U.S. Department of State, forthcoming 2007).
"Doctrinal Cross-Dressing in Derivative Aftermarkets: Kodak, Xerox and the Copycat Game," 51 The Anti-Trust Bulletin 215-226 (2006).
Comments of American Antitrust Institute Working Group on the New Economy (July, 2005) http://www.antitrustinstitute.org
“Antitrust and the New Economy: Comments to the Antitrust Modernization Commission, Washington, D.C.,” (Author, Editor, and Chair, Working Group on the New Economy, American Antitrust Institute) (July 2005) < www.amc.gov >.
"The Decline of the Public Benefit in Copyrights and Patents,” FTC Watch January 12, 2004 at 5–6.
“Competition Policy and its Implications for Intellectual Property Rights in the United States,” in The Intellectual Property/Competition Interface Project (IP Institute of the Republic of Singapore, 2004).
“The Right Remedy: Split Up Microsoft,” Los Angeles Times (Op Ed) April 7, 2000, at B9. Reprinted in Sun-Sentinel (Ft. Lauderdale, FL), at 21A (April 17, 2000).
“Why Microsoft Can Survive,” 22 National Law Journal (Op Ed) at A23 (January 24, 2000).
“Exploring the Limits of Formalism: Artificial Intelligence and Legal Pedagogy,” 1 Law Technology Journal 20 (British and Irish Legal Education Technology Association, U.K. Law Technology Centre, University of Warwick, Coventry, U.K., 1991).
“Expert Systems and Legal Reasoning: An Essay on the New
Formalism, in Proceedings of the 4th International Conference on
Computers and Law,” Judicial Department, Federal Government of
Posted Working Papers
“Patents and Competition: Toward a Knowledge Theory of
Progress,” presented at AALS Workshop on Intellectual Property
Rights, June 14, 2006, Vancouver, B.C.; at 2006 ATRIP Congress:
Intellectual Property and Market Power, September 4, 2006, Parma, Italy;
< http://www.law.berkeley.edu/institutes/bclt/ipsc/papers2/peritz.doc > (IP Scholars Conference, August 2006).
“Re-Thinking U.S. v. Microsoft in Light of the E.C. Case,”
Seminar: The Microsoft Case in Comparative Perspective, presented March
22, 2004, at Law & Economics Lab, LUISS (Giuliano Amato,
“Re-Thinking U.S. Antitrust and Intellectual Property Rights,” keynote address Conference on Intellectual Property and Antitrust Law in the Information Technology Business, November 12, 2004, at LUISS University, Rome, Italy, < http://ssrn.com/abstract=719745>; Sienna Seminars on Law and Economics, June 17, 2005, Faculty of Economics, University of Siena, Italy.
Selected Works in Progress
The Political Economy of Progress (book in progress).
“Antitrust Jurisprudence under Chief Justice Roberts”
“Intellectual Property as Redemption: Equity and Entitlement”
Competition/IP Intersections in Global Context (collection of essays, with S.D. Anderman, University of Essex).
Perspectives on Intellectual Property Rights: Internal and External Competition Policies (collection of essays, with S.D. Anderman, University of Essex).
Pennsylvania State University, B.S. 1969 with Distiction
University of Texas, J.D. 1975 with honors, Order of the Coif (Texas International Law Journal)
Langdell Fellow, Harvard Law School, 1981–82
Expert in antitrust law, as well as economic regulation, jurisprudence, and information technology and the law. In private practice, was consultant on computer-related cases and complex litigation. Worked as computer programmer, systems engineer, Assistant Attorney General of Texas in Antitrust Division, and Senior Research Scholar, American Antitrust Institute.