Antitrust Law: An Analysis of Antitrust Principles and Their Application

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Antitrust Law: An Analysis of Antitrust Principles and Their Application

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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.
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
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.