Antitrust - Spring 2020 Chart of Assignments

Chart of Assignments

Antitrust, Spring 2020

Updated as of: April 23, 2020

→ Jump ahead to: List of all assignments by topic.

Where and When:

Thursdays & Fridays, 10:30 - 11:45 a.m., via the Zoom online conferencing platform (see my March 21 e-mail with subject line "Antitrust update #3 (Zoom invitation and information)" for logon information)

Abbreviations:

"EE" = Einer Elhauge, United States Antitrust Law and Economics, Third Edition

"POE" = Principles of Economics, Second Edition, PDF version, open-access/open-source casebook downloadable for free ← ← ← Note: Be sure to get the PDF version. You may want to print out the portions we read. There's definitely no need to print out the whole thing.

Day by Day:

Week N^o 1

THURSDAY Jan 16 N^o 1

0. About this Course

Read the syllabus [pdf]

1. Antitrust Law Overview

Skim the Antitrust_analysis_synthesis document (from 2019) [pdf] (also available in [docx] format)

2. Actions and Enforcers

Read EE, Ch. 1.B., pp. 11-34

FRIDAY Jan 17 N^o 2

3. Markets, Prices, and Efficiency

Watch video Supply and Demand: Crash Course Economics #4 [web], by CrashCourse

Watch video Economic Schools of Thought: Crash Course Economics #14 [web], by CrashCourse

Watch video Marginal Analysis, Roller Coasters, Elasticity, and Van Gogh: Crash Course Econ #18 [web], by CrashCourse

Watch video Markets, Efficiency, and Price Signals: Crash Course Economics #19 [web], by CrashCourse

Read POE, Chapter 3 "Demand and Supply," pp. 45-77 by marked page numbers (pp. 55-87 of the PDF file)

Week N^o 2

THURSDAY Jan 23 N^o 3

3. Markets, Prices, and Efficiency (continued)

Prepare, from POE, answers to these questions at the end of Chapter 3 (which start at marked page 77): Self-Check Questions 1, 2, 3, 7, 8, 10, & 11

Watch video Revenue, Profits, and Price: Crash Course Economics #24 [web], by CrashCourse

FRIDAY Jan 24 N^o 4

4. Production, Costs, and Industry Structure

Read POE, Chapter 7 "Production, Costs, and Industry Structure," pp. 155-183 by marked page numbers (pp. 165-193 of the PDF file)

Week N^o 3

THURSDAY Jan 30 N^o 5

4. Production, Costs, and Industry Structure (continued)

Work through these questions from POE at the end of Chapter 7 (which start at marked page 183), and be ready to answer closely similar questions in class (maybe with a little help from a neighbor if necessary): Self-Check Questions 1, 2 (for Q.2, note that “Exercise 7.1” is meant to refer to the immediately preceding question), 5, 6, 7, & 8 (note that answers are at the back of the book)

Prepare answers for these questions from POE at the end of Chapter 7: Review Questions 17 & 29; Critical Thinking Question 31

FRIDAY Jan 31 N^o 6

5. Models of Competition

Read POE, Chapter 8 "Perfect Competition," pp. 187-210 by marked page numbers (pp. 197-220 of the PDF file)

Work through these questions from POE at the end of Chapter 8 (which start at marked page 210), and be ready to answer closely similar questions in class (maybe with a little help from a neighbor if necessary): Self-Check Questions 1, 2, 5, 6, & 7 (answers are in the back of the book)

Prepare answers for these questions from POE at the end of Chapter 8: Review Questions 14, 15, 16, 17, 24, 25, & 26

Week N^o 4

THURSDAY February 6 N^o 7

5. Models of Competition (continued)

Refresh yourself with regard to your preparation of answers, and be ready to share those answers in class, for these questions from POE at the end of Chapter 8: Review Questions 14, 15, 16, 17, 24, 25, & 26

Watch video Introduction to Economics: Crash Course Economics #1 [web], by CrashCourse

Watch video Specialization and Trade: Crash Course Economics #2 [web], by CrashCourse

Watch video Markets, Efficiency, and Price Signals: Crash Course Economics #19 [web], by CrashCourse

Read POE, Chapter 9 "Monopoly," pp. 215-232 by marked page numbers (pp. 225-242 of the PDF file)

FRIDAY February 7 N^o 8

Prepare answer to these questions from POE at the end of Chapter 9 (which start at marked page 232): Review Questions 15, 16, 17, 18 (assuming there's no price discrimination), 23, & 24

6. Economics Synthesis and Review

Read EE, all of Ch. 1.A., pp. 1-11

Week N^o 5

THURSDAY February 13 N^o 9

6. Economics Synthesis and Review (continued)

No new reading

7. Non-Compete Agreements Under State Law

Read Ortega v. Abel [pdf]

8. Structure of Federal Legal Actions Against Horizontal Restraints

Read EE, Ch. 2.A., pp. 53-57

9. Horizontal Price Fixing

Read United States v. G Nova Corp, press release [pdf]

Read United States v. G Nova Corp, indictment [pdf]

FRIDAY February 14 N^o 10

9. Horizontal Price Fixing (continued)

Read EE, Ch. 2.B., pp. 62-85 (BMI; Maricopa)

Week N^o 6

THURSDAY February 20 N^o 11

10. Horizontal Output Restrictions

Read EE, Ch. 2.C., pp. 89-101 (NCAA v. OU)

11. Horizontal Market Divisions

Read EE, Ch. 2.D., pp. 101-106 (Palmer v. BRG)

FRIDAY February 21 N^o 12

12. Group Boycotts / Concerted Refusals to Deal

Read EE, Ch. 2.E., pp. 106-127 (Klor's; Fashion Originators; AP; Northwest Stationers)

Week N^o 7

THURSDAY February 27 N^o 13

12. Group Boycotts / Concerted Refusals to Deal (continued)

Re-review EE, Ch. 2.E., pp. 122-127 (Northwest Stationers)

13. Other Horizontal Restraints, Rule of Reason Analysis, and Quick Look

Read EE, Ch. 2.F., pp. 128-143 (National Society of Professional Engineers; Indiana Dentists)

FRIDAY February 28 N^o 14

Read EE, Ch. 2.F., pp. 152-177 (California Dental; Brown University)

Week N^o 8

THURSDAY March 5 N^o 15

14. Horizontal Restraints and Intellectual Property Justifications

Read EE, Ch. 2.G., pp. 177-204 (General Electric; New Wrinkle; Actavis)

FRIDAY March 6 N^o 16

14. Horizontal Restraints and Intellectual Property Justifications (continued)

No new reading

Week N^o 9

THURSDAY March 12 N^o 17

14. Horizontal Restraints and Intellectual Property Justifications (continued)

No new reading

15. Review of Horizontal Restraints

Read OU v. NCAA (horizontal restraints abridgement, original district court opinion) [pdf]

Review your notes on horizontal restraints

Prepare to discuss in class your answer to the NYLACC Attack hypothetical problem [pdf]

FRIDAY March 13 N^o 18

16. Structure of Federal Legal Actions Against Monopolization

Read EE, Ch. 3.A., pp. 211-216

17. Monopoly Power

Read Chapter 2 of DOJ's 2008 Monopoly Report [pdf]

Read Withdrawal of DOJ's 2008 Monopoly Report [pdf]

Read EE, Ch. 3.B., pp. 241-256 (Horizontal Merger Guidelines)

Spring Break

MONDAY March 19

Spring Break - no class

TUESDAY March 20

Spring Break - no class

Week N^o 10

PANDEMIC ARRANGEMENTS:

We will conduct class for March 26 & 27 using the Zoom platform. Expect an e-mail from me sometime before the end of spring break discussing specifics and providing information about how to log on. Plan to attend in real-time (a/k/a "synchronously").

After March 26 & 27, I will re-evaluate pandemic arrangements.

THURSDAY March 26 N^o 19

16. Structure of Federal Legal Actions Against Monopolization (continued)

No new reading; skim previous reading

17. Monopoly Power (continued)

No new reading; skim previous reading

FRIDAY March 27 N^o 20

18. Exclusionary Conduct Generally

Read EE, Ch. 3.C., pp. 274-277

Read United States v. United Shoe [pdf]

Week N^o 11

PANDEMIC ARRANGEMENTS:

We will continue to conduct class using the Zoom platform indefinitely. For logon information, look for an e-mail I sent on March 21 with the subject line "Antitrust update #3 (Zoom invitation and information)". Please continue to plan to attend in real-time (a/k/a "synchronously").

THURSDAY April 2 N^o 21

18. Exclusionary Conduct Generally (continued)

No new reading.

19. Predatory Pricing

Read EE, Ch. 3.C., pp. 274-291 (Brooke Group v. Brown & Williamson)

FRIDAY April 3 N^o 22

20. Refusals to Deal

Read EE, Ch. 3.C., pp. 325-332 (Aspen Skiing)

Read EE, Ch. 3.E., pp. 358-360 (Lorrain Journal)

Week N^o 12

PANDEMIC ARRANGEMENTS:

OU may be changing some things about Zoom that may make it more difficult to use (although more secure). I received an e-mail about OU introducing passwords and authentications for Zoom that didn't exist previously. Check your e-mail for developments related to this. I may need to send out new Zoom invite information because of this. As of April 4, 2020 when I am writing this, I am still trying to figure this out.

THURSDAY April 9 N^o 23

20. Refusals to Deal (continued)

Read EE, Ch. 3.C., pp. 336-343 (Verizon v. Trinko)

21. Attempted Monopolization

Read EE, Ch. 3.E., pp. 365-367 (Spectrum Sports)

22. Review of Monopoly

Review your notes on monopoly

FRIDAY April 10 N^o 24

23. Structure of Federal Legal Actions Against Vertical Restraints

Read EE, Ch. 4.A., pp. 369-371

24. Exclusive Dealing

Read EE, Ch. 4.B., pp. 371-377

Read EE, Ch. 4.B., pp. 394-398 (Tampa Electric)

Week N^o 13

THURSDAY April 16 N^o 25

22. Review of Monopoly (continued)

Prepare a hypothetical for the analysis provided in the A&B "Inside Outer" problem.

24. Exclusive Dealing (continued)

Read EE, Ch. 4.B., pp. 400-406 (Microsoft, exclusive dealing portion)

25. Tying

Read EE, pp. 455-462 (Microsoft, tying portion)

FRIDAY April 17 N^o 26

26. Loyalty and Bundled Discounts

No reading for this topic.

Note: We didn't get to the following grayed-out material. It's being rolled into the following week.

27. Restraints on Downstream Distribution

No reading for this topic.

28. Review of Vertical Restraints

Review your notes on vertical restraints

Special Review Topic: Analysis Synthesis

No reading for this topic

Week N^o 14

THURSDAY April 23 N^o 27

No reading.

We will cover remaining subjects in cursory fashion and do review.

We may also discuss the "summative project" (a/k/a "exam alternative").

FRIDAY April 17 N^o 28

No reading.

We will cover remaining subjects in cursory fashion and do review.

We may also discuss the "summative project" (a/k/a "exam alternative").