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Antitrust Law: An Analysis of Antitrust Principles and Their Application

Antitrust Law: An Analysis of Antitrust Principles and Their Application

Author: Phillip E. Areeda; Herbert Hovenkamp
Publisher: Wolters Kluwer Legal & Regulatory U.S.
ISBN: 9780735564282
Published In: Subscription-type (Contents updated periodically)
Format: Hardback , 5950 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

Antitrust Law is updated twice per year. A Cumulative Supplement is issued in April, and new volumes (Fourth Edition volumes starting in 2013) are issued in September. Highlights for the 2014 Supplement include:

Complete update of antitrust “state action” cases, including the Supreme Court's Phoebe Putney decision and its aftermath, plus the litigation in the North Carolina Dentalteeth whitening case. See Chapter 2, ¶227.
Completely updated section on the law of antitrust class actions, including the Supreme Court's Comcast decision on the amount of common evidence of causation and harm required, and the Optronics decision on whether state Attorney General parens patriae actions qualify as class actions or “mass actions” for purposes of the Class Action Fairness Act . See Chapter 3, ¶331.
Updated coverage of Supreme Court treatment of agreements requiring the arbitration of antitrust claims, including prohibitions on class-action treatment. See Chapter 3, ¶311.
Updates on the debate over the extent to which a relevant market must be proven in rule of reason antitrust actions and merger cases, or whether market power can be established by other means. See Chapter 15, ¶1508.
Updates on most-favored-nation clauses (MFNs), discounting practices including market share discounts, patent exclusion practices, Standards-Essential Patents (SEPs) and Fair, Reasonable and Non-Discriminatory (FRAND) royalty commitments. See Chapter 18, ¶1807b1 and Chapter 20, ¶2022f.
All developments in merger law through 2013. See Chapter 9.
Updated coverage of tying arrangements in high-technology industries, including telecommunications and computer networks. See Chapter 7.
Completely updated coverage of pay-for-delay pharmaceutical settlements under the Hatch-Waxman Act, including the Supreme Court's important Actavis decision. See Chapter 5, ¶520e and Chapter 20, ¶2046c.

Objectives of the Antitrust Laws
Domain of the Antitrust Laws: Jurisdiction, Immunities, and Exclusion from Coverage
The System of Remedies: Basic Issues
The Economic Basis for Antitrust Policy
Market Power and Market Definition
Monopolization
Monopolization: Particular Exclusionary Practices
Power and the Power-Conduct Relationship in Monopolization and Attempt
Mergers: Generally and Horizontal
Vertical Mergers
Conglomerate Mergers
Partial Acquisitions and Post-Acquisition Evidence
Interlocking Directors
Conspiracy, Horizontal and Vertical
"Rule of Reason" and "Per Se Rule" -- General Issues
Vertical Distribution Restraints Limiting Intrabrand Competition
Tying Arrangements
Exclusive Dealing and Related Practices
Horizontal Agreements: An Introduction
Horizontal Agreements Limiting Participants’ Output
Horizontal Agreements Facilitating Development, Production, or Distribution
Horizontal Agreements Excluding Rivals
The Robinson-Patman Act
State Antitrust Law: A Brief Introduction

Complete Table of Contents
Table of Cases
Index

Herbert Hovenkamp is the Ben V. & Dorothy Willie Professor of Law at the University of Iowa, where he teaches antitrust law, intellectual property, real property, torts, and American legal history. He is a member of the American Academy of Arts and Sciences, and in 2008 he won the Justice Department's prestigious John Sherman Award for his lifetime contributions to antitrust law. Hovenkamp is the author of some one dozen books and approximately 80 articles. His principal writing includes Antitrust Law: An Analysis of Antitrust Principles and Their Application (formerly with the late Phillip E. Areeda and the late Donald F. Turner) (4th ed. 2013); The Antitrust Enterprise: Principle and Execution (2006); Federal Antitrust Policy: The Law of Competition and Its Practice (3d ed. 2005); and Enterprise and American Law, 1836-1937(1991). He has consulted on numerous antitrust cases for the federal government, various state governments, and private plaintiffs.

AUTHOR UPDATES:

September, 2011 - Prof. Hovenkamp was quoted onMarketplace Morning Report in regards to Google Chairman Eric Schmidt testifying before the Senate Judiciary Committee as the tech company is under scrutiny for possible antitrust violations and uncompetitive practices. Prof. Hovenkamp does not feel there are antitrust violations with Google’s search engine sending searchers to other Google sites. He was quoted as saying “It's very, very easy and costless for customers to switch away from Google if Google is not serving them well.”

July, 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. Prof. 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 20 volumes, and, with Mark Janis, Mark Lemley and Christopher Leslie, author of IP and Antitrust Law.