Antitrust Law: An Analysis of Antitrust Principles and Their Application

Recently cited by the Tenth Circuit in Kay Electric Cooperative vs. City of Newkirk: “with its usual care Professor Areeda and Hovenkamp’s treatise traces all these warps and wefts” in analyzing a municipality’s antitrust immunity in light of state authorizing legislation.

The authority of Areeda and Hovenkamp's Antitrust Law is second to none. It has been cited more than 50 times by the Supreme Court, more than 50 times by the FTC, and more than 1,050 times by the federal courts. Most recently it was cited by the Supreme Court in American Needle, Inc. v. National Football League. No other source gives you all the law to avoid antitrust liability as you:

• Plan marketing strategies and develop pricing policies
• Structure mergers and acquisitions with attention to potential antitrust consequences
• Prove - or defend against - antitrust injury, monopolization, conspiracy, tying, and other allegation

Among the real-world examples and proven strategies you can apply directly to your own cases, you'll find clear discussions of

• Intellectual property and antitrust
• Predatory pricing
• Antitrust issues in healthcare, media, and other areas
• Monopolizing conduct
• "Substantial" market power
• Market share and buyer concentration
• Interlocking directors
• Refusals to deal
• Territorial customer limitation
• Product tying
• Contractual arbitration provisions
• Plus in-depth examination of thousands of cases

The latest releases include the 2011 Supplement and the Third Edition of Volumes 9, 10, and 11, which have been revised to include:

• greatly expanded discussion of tying arrangements and related practices including the Second Circuit opinion in Smugglers Notch Homeowners’ Ass’n., Inc. v. Smugglers’ Notch Management Co., Ltd.
• full coverage of all aspects of the 2010 Horizontal Merger Guidelines, including the new, shorter section on market definition, the significant expansion of unilateral effects theory, an expanded concern for mergers that restrain innovation, and new concentration standards for mergers threatening coordinated interaction among competitors
• discussion of exclusive dealing in intellectual property licenses including the recent Supreme Court decision in American Needle, Inc. v. National Football League
• updated coverage of all decisions applying Twombly's pleading standards to motions to dismiss, including extensive analysis of Judge Posner's Text Messaging decision in the Seventh Circuit, which sustains a claim on structural and pricing behavior grounds without an allegation of communication among rivals
• full coverage of recent decisions in both federal and state court involving reverse payment settlements of pharmaceutical patent infringement cases and the Hatch-Waxman Act
• expanded coverage of cases on tying arrangements with variable proportions
• updated discussion of all Sherman Act Section 2 exclusionary practices cases, including recent cases involving bundled discounts and direct attacks on innovation as an exclusionary practice
• discussion of the Federal Circuit's Princo decision on patent misuse, holding that an alleged concerted refusal to license a patent is not misuse
• coverage of recent developments in vertical price and nonprice restraints since the Supreme Court's Leegin decision

1. Objectives of the Antitrust Laws
2. Domain of the Antitrust Laws: Jurisdiction, Immunities, and Exclusion from Coverage
3. The System of Remedies: Basic Issues
4. The Economic Basis for Antitrust Policy
5. Market Power and Market Definition
6. Monopolization
7. Monopolization: Particular Exclusionary Practices
8. Power and the Power-Conduct Relationship in Monopolization and Attempt
9. Mergers: Generally and Horizontal
10. Vertical Mergers
11. Conglomerate Mergers
12. Partial Acquisitions and Post-Acquisition Evidence
13. Interlocking Directors
14. Conspiracy, Horizontal and Vertical
15. "Rule of Reason" and "Per Se Rule" -- General Issues
16. Vertical Distribution Restraints Limiting Intrabrand Competition
17. Tying Arrangements
18. Exclusive Dealing and Related Practices
19. Horizontal Agreements: An Introduction
20. Horizontal Agreements Limiting Participants' Output
21. Horizontal Agreements Facilitating Development, Production, or Distribution
22. Horizontal Agreements Excluding Rivals
23. The Robinson-Patman Act
24. State Antitrust Law: A Brief Introduction

Justice Department Honors Herbert Hovenkamp with 2008 Sherman Award

On July 29, 2008, the USDOJ Antitrust Division presented Professor Herbert Hovenkamp with the prestigious John Sherman Award for his lifetime contributions to the teaching and enforcement of antitrust law and the development of antitrust policy . This annual award is given for outstanding contributions to the field of antitrust law, the protection of American consumers, and the preservation of economic liberty. Hovenkamp's publications include some 70 articles, approximately 50 essays and book reviews, and a dozen books. He is the senior surviving author of Antitrust Law (formerly with Phillip Areeda & Donald Turner), which currently spans 21 volumes, and with Mark Janis and Mark Lemley, author of IP and Antitrust Law.