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Antitrust Law Professor Fischman

Fall 2015 Professor: Joshua Fischman Email: fischman@law.duke.edu Lecture: Mon/Wed 3:45 – 5:05 p.m., Room 3043 Office: Room 3024 Office Hours: Tues 2:00 – 3:00, Thurs 10:30 – 11:30, or by appointment Textbook: Areeda, Kaplow & Edlin, Antitrust Analysis (7th ed., 2013) The syllabus below is not intended to be a rigid schedule. I may make changes to the assigned readings, depending on our pace. The textbook is organized by numbered “paragraphs” (some of which are many pages long), but I have indicated your reading assignments in page numbers in the syllabus. I will post all supplementary readings on Sakai. Be prepared to discuss the questions following cases. I will call on students in class but I also expect everyone to contribute to class discussions. I have requested for lectures to be recorded automatically. Please let me know if you need to miss lecture, and I will make the class recording available to you. During the first few weeks of the course, you may find it helpful to skim the remaining parts of Chapter 1 that were not assigned for the first class. I will not ask you questions about these parts in class or on the exam, unless we cover them in class. The final will be a three-hour, open-book exam. Your grade will be determined primarily by the final exam, but I will make minor adjustments for class participation. We will not have class on Wed., 10/21 or Mon., 11/16. Make-up classes have been scheduled at 3:45 – 5:05 p.m. on Fri., 10/30 (in our usual classroom) and Fri., 11/20 (in room 3041). Reading Assignments: Chapter 1: The Setting for Antitrust Analysis Class 1: Introduction and begin Horizontal Restraints

Skim: 1–24 (¶¶ 100–118), 32–42 (¶¶ 128–130), 59–61 (¶ 143) 955–956, Sherman Act §§ 1–2 114–126, Addyston Pipe & Steel

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Chapter 2: Horizontal Restraints: Collaboration Among Competitors 2A. Development of the Rule of Reason and the Per Se Illegality of Price Fixing Class 2: 127–143, Chicago Board of Trade, Trenton Potteries, Socony-Vacuum Oil 2B. Determining Which Restraints Are Reasonable Class 3: 144–166, Topco, Broadcast Music (BMI), Maricopa County Med. Soc. Class 4: 166–193, Nat’l Soc. of Prof. Engineers, NCAA, Calif. Dental Ass’n 2C. When Does an Agreement Exist? Class 5: 201–224, Interstate Circuit, Theatre Enterprises, American Tobacco

Class 6: 226–254, Text Messaging and supplement on Sakai (also read ¶241 carefully), Copperweld (skim), American Needle

2D. Facilitating Practices Class 7: 254–276, American Column & Lumber, Maple Flooring, Container Corp.

(skip paragraphs 254(b)–(d), 255, 260) 2E. Concerted Refusals to Deal Class 8: 284–295, 300–306, Fashion Originators’ Guild (FOGA), Klor’s,

Northwest Wholesale Stationers Chapter 3: Monopoly 3A. Monopolization Class 9: 395–414, ALCOA, Griffith Class 10: 414–425, United Shoe Machinery Class 11: 450–473, Aspen Skiing, Trinko Class 12: A.A. Poultry Farms (on Sakai)

490–506, Brooke Group 474–481, Linkline

3B. Monopoly Power Class 13: 526–553, focus on ¶¶ 344–46, 348, 352, 354; you may skim the Horizontal

Merger Guidelines and the remaining paragraphs 553–566, ALCOA, du Pont (Cellophane)

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Microsoft

Class 14: 426–446, 567–574, Microsoft Chapter 4: Vertical Restraints 4A. Restricted Distribution Class 15: 583–612, Dr. Miles Medical, GTE Sylvania, Khan

Class 16: 612–643, Leegin (you may skip Part IV of majority opinion and Part II of dissent), Colgate, Monsanto

4B. Tying Arrangements Class 17: 643–656, Int’l Salt, Northern Pacific Railway,

Chicken Delight (on Sakai) Class 18: 672–701, Jefferson Parish Hospital, Eastman Kodak 4C. Exclusive Dealing Class 19: 711–723 (skip ¶ 450), Standard Stations,

Tampa Electric (on Sakai) 4D. Bundled Discounts and Loyalty Discounts Class 20: 726–748, LePage’s, PeaceHealth,

ZF Meritor (on Sakai) Chapter 5: Mergers 5A–C. Introduction and Horizontal Mergers Class 21: 749–782, Brown Shoe, Philadelphia National Bank Class 22: 783–790, General Dynamics

790–803 (skim), Horizontal Merger Guidelines 803–822 (skip ¶523), Staples

Additional Topics Antitrust Injury; State Action Immunity Class 23: Illinois Brick, Brunswick, Parker (on Sakai)

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Petitioning Immunity Class 24: 314–319, 322–333, Noerr Motor Freight, Prof. Real Estate,

Omni Outdoor Advertising The Application of U.S. Antitrust Law to Foreign Conduct Class 25: Empagran, Minn-Chem, Motorola Mobility (on Sakai) The Intersection of Antitrust and Intellectual Property Law Class 26: 374–393, Actavis