This course examines the laws on monopoly and restraint of trade with special emphasis on the federal antitrust laws. Topics include the role of competition and the goals of antitrust policy; the common law on monopoly and restraints of trade; historical developments leading to passage of the 1890 Sherman Act; development of the “rule of reason” and the “per se doctrine;” the 1914 Clayton and Federal Trade Commission Acts; private and government enforcement of antitrust laws; market definition, monopoly power, monopolization, attempts and conspiracies to monopolize; competitor collaboration on price fixing, market allocations and other horizontal restraints; industrial concentration, price leadership, and trade associations; group boycotts, standardization, and joint ventures; the Noerr-Pennington doctrine and exemptions for regulated industries and state action; resale price maintenance and exclusive territorial arrangements; tying arrangements; exclusive dealing arrangements; refusals to deal; and horizontal, vertical, and conglomerate mergers.
This is a substantive course that covers legal, economic and societal issues involved in restraints of trade.
Recommended for the Following Professional Pathways: Corporate Transactions and Governance; Financial Services and Compliance; Health Care Management and Compliance; International Business; Labor and Employment (Corporate Perspective); Real Estate and Land Use; Media, Entertainment, Sports, Fashion; Tech/Privacy; General Practice – Transactional
Prerequisite or Co-requisite: Corporations