This course is the continuation of the regular course in U.S. antitrust law. It addresses the laws from other nations that are relevant to regulating the process of business competition and the economic analysis that is relevant to understanding modern antitrust adjudication. Topics include horizontal agreements in restraint of trade, monopolization and abuses of dominance, vertical exclusionary agreements, vertical distributional restraints, price discrimination, mergers, and the treatment of anticompetitive conduct that spans multiple nations. Prior economics background is not required because the course will teach you the relevant economics, and students have performed at the very top levels of the class without any prior economics background. Nonetheless, the course does involve a fair bit of economics, so students must be comfortable with that, and students have reported that they felt a prior background in economics is helpful for this class. Students who have taken Global Antitrust Law may not take this course because it duplicates the international portion of the material covered in Global Antitrust Law. The book will be Elhauge, Global Antitrust Law and Economics (Foundation Press 2d ed. 2011).
Prerequisites: The basic course in U.S. antitrust law, such as the course taught in recent years by Professors Kaplow and Elhauge or Judge Boudin.