To: Students, Antitrust Law And Economics
Greetings and welcome to the class. Regarding the class syllabus, the cases which are in bold print
are for student class recitation. In view of time constraints, and to facilitate efficiency, you may
agree in advance among yourselves as to who will recite each case assigned (perhaps in an
alphabetical fashion). As to recitation, I recommend the following format: Statement of the facts;
who are the parties; what is/are the issue(s) to be decided; the contentions/arguments of the parties;
the holding of the Court; the reasoning of the Court; and the lesson of law derived from the case.
Best regards,
Professor Paul Bartlett, Jr.
UNIVERSITY OF HOUSTON
LAW CENTER
June, 2013
ANTITRUST LAW AND ECONOMICS
ADJUNCT PROFESSOR PAUL BARTLETT, JR
LA TROBE UNIVERSITY,
Melbourne, Australia
REQUIRED TEXT:
Page 1 of 6
Pitofsky, Goldschmid and Wood, Trade Regulation, 6th edition, 2010, with the
2011 Supplement (University Casebook Series, Foundation Press)
Assigned Readings from Pitofsky et. al.:
Chapter 1. (Lecture)
The Objectives and Origins of Antitrust Law (pp. 1-53)
Section
1. The Goals of Antitrust Policy
1.
The Role of Competition and Alternatives to Competitive Markets
2.
The Sherman Act and Comparative Legislation
2.
The Historical Sources of Antitrust, Legislative History, and Early
Developments
1.
The Early Law on Monopoly and Contracts in Restraint of Trade
2.
The Sherman Act - Some Legislative History
3.
Early Development of Legal Doctrine
Chapter II. (Lecture)
Institutional Framework of Antitrust Policy (pp. 54-111)
1.
2.
The Three Level Antitrust Enforcement Pattern
1.
Sources of Antitrust Litigation
2.
Special Issues Related to Enforcement by the Federal Agencies
3.
Special Issue Related to Private Enforcement
Reiter v. Sonotone
Blue Shield v. McCready
Hawaii v. Standard Oil
Associated General Contractors v. California State Council
Illinois Brick v. Illinois
California v. Arc America
4.
Special Issues Related to the “Big Case”
The Limits of Antitrust
1.
Government Ownership of the Means of Production
2.
Regulated Industries
3.
Interstate and Foreign Commerce
4.
Additional Exemptions, Exclusions, and other Aspects of Economic
Control
Page 2 of 6
Chapter III
Market Structure and a First Look at the Problem of Monopoly Power
(pp. 112-176)
1.
Monopolization and the Problem of Market Definition
U.S. v. Alcoa
U.S. v. Du Pont (Cellophane)
U.S. v. Grinnell
Note on Market Power and Consumer Loss (Lecture)
Chapter IV
Competitor Collaboration on Price Fixing and Division of Markets (pp.
177-246; 271-306)
1.
2.
3.
4.
Conspiracy in Theory and Action
Development of the “Per Se” Rule on Price Fixing
U.S. v. Addyston Pipe & Steel Co.
Chicago Board of Trade v. U.S.
Appalachian Coals, Inc. v. U.S.
U.S. v. Socony-Vacuum Oil Co., Inc.
Characterization Questions and Other Issues
Broadcast Music Inc, v. Columbia Broadcasting Systems, Inc.
NCAA v. Board of Regents of University of Oklahoma
Texaco Inc. v. Dagher
Division of Territories and Some Other Horizontal Restraints
Timken, General Motors, and Sealy (Lecture)
U.S. v. Topco Associates, Inc.
Palmer v. Barbri
Chapter V
Group Refusals to Deal and Joint Ventures (pp. 307-385)
1.
Refusals to Deal
F.O.G.A. v. FTC
Klor’s Inc. v. Broadway-Hale
Rambus v. FTC
Northwest Wholesale Stationers v. Pacific Stationary
Page 3 of 6
2.
3.
FTC v. Superior Court Trial Lawyers Association
Joint Ventures Revisited: Issues of Membership and Access
Associated Press v. U.S.
Efforts to Influence Government Action (Lecture)
Columbia v. Onmi Outdoor Advertising (Lecture)
Chapter VI
Market Concentration, Conspiracy and the Antitrust Laws
(pp. 469-506; 588-604)
1.
2.
3.
Note on Oligopoly (469)
Inference of Agreement as a Legal Building Block(471)
Theatre Enterprises v. Paramount Film (479)
Toys “R” Us, Inc. v. FTC (484)
Todd v. Exxon Corporation (525)
In re High Fructose Corn Syrup Antitrust Litigation (558)
U.S. v. Container Corp. (p. 588)
U.S. v. Gypsum (Lecture)
Intra-Enterprise Conspiracy (p. 613)
Copperweld v. Independence Tube Corp. (Lecture)
American Needle v. NFL (Supplement, p. 1)
Chapter VII
Vertical Restraints on Competition (pp. 606-719))
1.
2.
The Economics of Vertical Restraints
The Interplay of Common Law and Antitrust Laws
1.
Vertical Price Fixing
Dr. Miles v. John D. Park & Sons Co. (Lecture)
State Oil v. Khan
Leegin v. PSKS
Note on Resale Price Maintenance and the Fair Trade Laws
2.
Customer and Territorial Restraints
Continental T.V., Inc. v. GTE Sylvania
3.
Vertical Restraints and Refusal to Deal
U.S. v. Colgate Co.
U.S. v. Parke, Davis & Co.(Lecture)
Page 4 of 6
Business Electronics Corp. v. Sharp Electronics Corp.
Chapter VIII
Additional Limitations on a Single Firm Exercising Market Power (pp.
721-919)
1.
Monopoly Conduct Revisited
Aspen Skiing Co. v. Aspen Highlands
Verizon Communications v. Law Offices of Curtis V. Trinko
United States v. Microsoft (767)
2.
Attempt to Monopolize (Lecture)
Lorain Journal v. United States
Spectrum Sports v. McQuillan
3.
Predatory Price Cutting (Lecture)
Brooke Group v. Brown & Williamson Tobacco
United States v. AMR Corp., American Airlines, Inc.
Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber
4.
Tying Arrangements
Clayton Act, Section 3
International Salt Co. v. United States
Jefferson Parish Hospital v. Hyde
Eastman Kodak v. Image Technical Services (Lecture)
Chapter IX
Mergers (pp. 965-1168)
1.
Background on Early Merger Law and the Amendment of Section 7 of the
Clayton Act in 1950
Clayton Act, Section 7
2.
Proscribed Effect in Horizontal Mergers
U.S. v. Philadelphia National Bank
U.S. v. Alcoa; U.S. v. Pabst Brewing; U.S. v. Von’s Grocery
Hospital Corporation of America v. FTC
Page 5 of 6
3.
4.
U.S. Department of Justice and FTC Joint Horizontal Merger Guidelines, 2010
(Supplement, p. 3)
FTC v. Whole Foods
Joint Ventures, Potential Competition, and Conglomerate Mergers
U.S. v. Penn-Olin Chemical Co.
Texaco v. Dagher
FTC v. Procter & Gamble Co.
FTC v. Consolidated Foods
Integration Through Vertical Merger
U.S. v. E.I. du Pont de Nemours & Co.
Brown Shoe Co. v. U.S.
Page 6 of 6