Chart of Assignments
Updated as of: April 23, 2021
Where and When:
Wednesdays & Thursdays, 2:30 - 3:45 p.m., via the Zoom online conferencing platform:
https://oklahoma.zoom.us/j/99578891022?pwd=SEVrM1g3RWZ4dWRLZFJrNUQyVm5DZz09
The meeting ID: 995 7889 1022
The passcode is: 58013158
https://oklahoma.zoom.us/j/99578891022?pwd=SEVrM1g3RWZ4dWRLZFJrNUQyVm5DZz09
The meeting ID: 995 7889 1022
The passcode is: 58013158
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.
→Here is themain webpage for the POE book.
→Here is the direct link to the PDF version.
→Note: Please get the PDF version. That's portion we'll reference. You may want to print out the portions we read. There's definitely no need to print out the whole thing.
→Here is themain webpage for the POE book.
→Here is the direct link to the PDF version.
→Note: Please get the PDF version. That's portion we'll reference. 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 No 1
WEDNESDAY January 27 No 1
0. About this Course
No reading for this topic.
1. Antitrust Law Overview
Skim the Antitrust_analysis_synthesis document (from 2020) [pdf] (also available in [docx] format). (Note: The point in skimming this document is to see the kind of stuff we'll be learning over the semester. Don't worry about making sense of it all right now.)
THURSDAY January 28 No 2
2. Supply and Demand Basics
Watch video Supply and Demand: Crash Course Economics #4 [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 No 2
WEDNESDAY February 3 No 3
3. Incentives, Markets, Prices, and Efficiency
Watch video Introduction to Economics: Crash Course Economics #1 [web], by CrashCourse (you can skip ahead to start the video at 1:53).
Watch video Specialization and Trade: Crash Course Economics #2 [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 Economics #18 [web], by CrashCourse.
Watch video Markets, Efficiency, and Price Signals: Crash Course Economics #19 [web], by CrashCourse.
Read POE, Chapter 2 "Choice in a World of Scarcity," pp. 27-41 by marked page numbers (pp. 37-51 of the PDF file).
Watch video Revenue, Profits, and Price: Crash Course Economics #24 [web], by CrashCourse.
THURSDAY February 4 No 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).
Work through these questions from POE at the end of Chapter 7 (which start at marked page 183), and try to be ready to answer closely similar questions in class: 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.
Week No 3
WEDNESDAY February 10 No 5
4. Production, Costs, and Industry Structure (continued)
Please refresh your recollection on this assignment from last class session: Work through these questions from POE at the end of Chapter 7 (which start at marked page 183), and try to be ready to answer closely similar questions in class: 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.
5. Models of Competition
Read POE, Chapter 8 "Perfect Competition," pp. 187-210 by marked page numbers (pp. 197-220 of the PDF file).
THURSDAY February 11 No 6
5. Models of Competition (continued)
Work through these questions from POE at the end of Chapter 8 (which start at marked page 210), and try to be ready to answer closely similar questions in class: 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.
Watch video Monopolies and Anti-Competitive Markets: Crash Course Economics #25 [web], by CrashCourse.
Week No 4
WEDNESDAY February 17
Snow day! Classes canceled. No class today.
NOTE: Because of the snow day, assignments have been moved back one day.
THURSDAY February 18 No 7
5. Models of Competition (continued)
Read POE, Chapter 9 "Monopoly," pp. 215-232 by marked page numbers (pp. 225-242 of the PDF file).
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.
Week No 5
WEDNESDAY February 24 No 8
5. Models of Competition (continued)
In class I'll go over answers to Review Questions 23 & 24 from POE at the end of Chapter 9.
6. Economics Synthesis and Review
.
Review your notes on economics for antitrust.
Read EE, all of Ch. 1.A., pp. 1-11.
Prepare to discuss in class your answers to the questions in the Tell Me Stories About Economics problem [pdf]. Some advice: If you are going to write out your answers ahead of time (which I recommend), aim for keeping your answer to each question under 250 words.
7. Non-Compete Agreements Under State Law
Read Ortega v. Abel [pdf].
THURSDAY February 25 No 9
8. Structure of Federal Legal Actions Against Horizontal Restraints
Read EE, Ch. 2.A., pp. 53-57.
9. Horizontal Price Fixing
Read EE, Ch. 2.B., pp. 62-75 (BMI).
Week No 6
WEDNESDAY March 3 No 10
9. Horizontal Price Fixing (continued)
I will have a few additional notes about BMI.
Read EE, Ch. 2.B., pp. 75-89 (Maricopa; Texaco).
THURSDAY March 4 No 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).
Week No 7
WEDNESDAY March 10 No 12
12. Group Boycotts / Concerted Refusals to Deal
Read EE, Ch. 2.E., pp. 106-127 (Klor's; Fashion Originators; AP; Northwest Stationers).
THURSDAY March 11 No 13
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).
Week No 8
WEDNESDAY March 17 No 14
13. Other Horizontal Restraints, Rule of Reason Analysis, and Quick Look (continued)
Read EE, Ch. 2.F., pp. 152-177 (California Dental; Brown University).
THURSDAY March 18 No 15
14. Horizontal Restraints and Intellectual Property Justifications
Read EE, Ch. 2.G., pp. 177-188 (General Electric; New Wrinkle).
Week No 9
WEDNESDAY March 24 No 16
14. Horizontal Restraints and Intellectual Property Justifications (continued)
Read FTC Staff Study "Pay-for-Delay:
How Drug Company Pay-Offs Cost Consumers Billions" (2010) [pdf] (fyi: length ≈ 10 pp.).
Read EE, Ch. 2.G., pp. 188-204 but skip question 6 on pp. 202-203 (Actavis).
THURSDAY March 25 No 17
14. Horizontal Restraints and Intellectual Property Justifications (continued)
Read In Re: Humira (Adalimumab) Antitrust Litigation (section 1 analysis) [pdf] (fyi: length ≈ 28 pp.).
The following was held over for next time:
15. Review of Horizontal Restraints
Review your notes on horizontal restraints.
Prepare to discuss in class your answer to the NYLACC Attack problem [pdf].
Week No 10
WEDNESDAY March 31 No 18
14. Horizontal Restraints and Intellectual Property Justifications (continued)
Read In Re: Humira (Adalimumab) Antitrust Litigation (amici on appeal) [pdf] (fyi: length ≈ 10 pp.).
Optional: Skim to re-review In Re: Humira (Adalimumab) Antitrust Litigation (section 1 analysis) [pdf] (fyi: length ≈ 28 pp.).
Note: We will spend about half the class discussing In Re: Humira (Adalimumab). No slides or exercises this time. I just want to get your questions and your views. The new reading I assigned ("amici on appeal") will help you recall the Humira district court opinion, and it may also help your understanding of what's going on in this area.
15. Review of Horizontal Restraints
Review your notes on horizontal restraints.
Prepare to discuss in class your answer to the NYLACC Attack problem [pdf].
THURSDAY April 1 No 19
16. Structure of Federal Legal Actions Against Monopolization
Read EE, Ch. 3.A., pp. 211-216.
17. Monopoly Power
Read EE, Ch. 3.B., pp. 241-256 (Horizontal Merger Guidelines).
Week No 11
WEDNESDAY April 7 No 20
17. Monopoly Power (continued)
No new reading. We'll do some problems in class.
18. Anticompetitive Conduct Generally
Read EE, Ch. 3.C., pp. 274-277.
Read United States v. United Shoe [pdf]. [Note: If you downloaded this case prior to April 2, 2021 at 4:04 p.m., then I suggest downloading it again, because I abridged more to make it shorter.]
THURSDAY April 8 No 21
19. Predatory Pricing
Read EE, Ch. 3.C., pp. 277-278.
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 No 12
WEDNESDAY April 14 No 22
20. Refusals to Deal (continued)
Read EE, Ch. 3.C., pp. 336-342 (Verizon v. Trinko).
21. Attempted Monopolization
No reading for this topic (but recall that you've already read Lorrain Journal, EE pp. 358-360, which was an attempted monopolization case).
22. Review of Monopoly
Review your notes on monopoly.
THURSDAY April 15 No 23
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. 400-406 (Microsoft, exclusive dealing portion).
Week No 13
WEDNESDAY April 21 No 24
25. Tying
Read EE, pp. 455-462 (Microsoft, tying portion).
THURSDAY April 22 No 25
26. Loyalty and Bundled Discounts
No reading for this topic.
27. Restraints on Downstream Distribution
No reading for this topic.
28. Review of Vertical Restraints
Review your notes on vertical restraints.
Note: We didn't get to the following grayed-out material. It's being rolled into the following week.
Special Review Topic: Analysis Synthesis
No reading for this topic
Week No 14
WEDNESDAY April 28 No 26
Special Review Topic: Analysis Synthesis
No reading for this topic.
29. Proof of Concerted Action or Agreement
Read EE, pp. 653-658 (Bell Atlantic v. Twombly).
30. Jurisdiction, Remedies, Injury, Standing, Limitations on Actions
No reading for this topic; we'll cover a few highlights in a brief slideshow.
31. Exemptions and Immunities
Read EE, Ch. 1.B., pp. 34-39 & 42-43 (Explanation: On page 34, start at "viii. Limits on Antitrust." Then read all the way through to the whole of page 39. Then read the "b. Explicit Exemptions or Limitations" that has the list of 11 things over pages 42-43. There's no need to read on to "c." about state-regulated insurance activities.)
THURSDAY April 29 No 27
32. Effect on Commerce
Read EE, Ch. 1.B., pp. 49-51.
33. Merger Review
No reading for this topic (but recall that you've already read a portion of the DOJ/FTC Horizontal Merger Guidelines, EE pp. 241-256, which concerned mergers).
We'll be covering a few highlights about merger review in a brief slideshow. You already know the economic/doctrinal substance from what we've done under §1 and §2 analysis. What remains is mostly to highlight some procedural aspects.
34. The Current Antitrust Debate
Read portions of Lina M. Khan, Amazon's Antitrust Paradox, 126 Yale L.J. 710 (2016)
as specified: Read pp. 710, 712-717 (skip all footnotes) (in other words, just read the abstract and the introduction without footnotes).
Topic by Topic:
PART I: Preliminaries
0. About this Course
No reading for this topic.
1. Antitrust Law Overview
Skim the Antitrust_analysis_synthesis document (from 2020) [pdf] (also available in [docx] format). (Note: The point in skimming this document is to see the kind of stuff we'll be learning over the semester. Don't worry about making sense of it all right now.)
PART II: Economics for Antitrust
2. Supply and Demand Basics
Watch video Supply and Demand: Crash Course Economics #4 [web], by CrashCourse.
Read POE, Chapter 3 "Demand and Supply," pp. 45-77 by marked page numbers (pp. 55-87 of the PDF file).
3. Incentives, Markets, Prices, and Efficiency
Watch video Introduction to Economics: Crash Course Economics #1 [web], by CrashCourse (you can skip ahead to start the video at 1:53).
Watch video Specialization and Trade: Crash Course Economics #2 [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 Economics #18 [web], by CrashCourse.
Watch video Markets, Efficiency, and Price Signals: Crash Course Economics #19 [web], by CrashCourse.
Read POE, Chapter 2 "Choice in a World of Scarcity," pp. 27-41 by marked page numbers (pp. 37-51 of the PDF file).
Watch video Revenue, Profits, and Price: Crash Course Economics #24 [web], by CrashCourse.
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).
Work through these questions from POE at the end of Chapter 7 (which start at marked page 183), and try to be ready to answer closely similar questions in class: 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.
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 try to be ready to answer closely similar questions in class: 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.
Watch video Monopolies and Anti-Competitive Markets: Crash Course Economics #25 [web], by CrashCourse.
Read POE, Chapter 9 "Monopoly," pp. 215-232 by marked page numbers (pp. 225-242 of the PDF file).
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
.
Review your notes on economics for antitrust.
Read EE, all of Ch. 1.A., pp. 1-11.
Prepare to discuss in class your answers to the questions in the Tell Me Stories About Economics problem [pdf]. Some advice: If you are going to write out your answers ahead of time (which I recommend), aim for keeping your answer to each question under 250 words.
PART III: Horizontal Restraints
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 EE, Ch. 2.B., pp. 62-89 (BMI; Maricopa; Texaco).
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).
12. Group Boycotts / Concerted Refusals to Deal
Read EE, Ch. 2.E., pp. 106-127 (Klor's; Fashion Originators; AP; 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).
Read EE, Ch. 2.F., pp. 152-177 (California Dental; Brown University).
14. Horizontal Restraints and Intellectual Property Justifications
Read EE, Ch. 2.G., pp. 177-188 (General Electric; New Wrinkle).
Read FTC Staff Study "Pay-for-Delay:
How Drug Company Pay-Offs Cost Consumers Billions" (2010) [pdf] (fyi: length ≈ 10 pp.).
Read EE, Ch. 2.G., pp. 188-204 but skip question 6 on pp. 202-203 (Actavis).
Read In Re: Humira (Adalimumab) Antitrust Litigation (section 1 analysis) [pdf] (fyi: length ≈ 28 pp.).
Read In Re: Humira (Adalimumab) Antitrust Litigation (amici on appeal) [pdf] (fyi: length ≈ 10 pp.).
15. Review of Horizontal Restraints
Review your notes on horizontal restraints.
Prepare to discuss in class your answer to the NYLACC Attack problem [pdf].
PART IV: Monopoly
16. Structure of Federal Legal Actions Against Monopolization
Read EE, Ch. 3.A., pp. 211-216.
17. Monopoly Power
Read EE, Ch. 3.B., pp. 241-256 (Horizontal Merger Guidelines).
18. Anticompetitive Conduct Generally
Read EE, Ch. 3.C., pp. 274-277.
Read United States v. United Shoe [pdf]. [Note: If you downloaded this case prior to April 2, 2021 at about 4 p.m., then I suggest downloading it again, because I abridged more to make it shorter.]
19. Predatory Pricing
Read EE, Ch. 3.C., pp. 277-278.
20. Refusals to Deal
Read EE, Ch. 3.C., pp. 325-332 (Aspen Skiing).
Read EE, Ch. 3.E., pp. 358-360 (Lorrain Journal).
Read EE, Ch. 3.C., pp. 336-342 (Verizon v. Trinko).
21. Attempted Monopolization
No reading for this topic (but recall that you've already read Lorrain Journal, EE pp. 358-360, which was an attempted monopolization case).
22. Review of Monopoly
Review your notes on monopoly.
PART V: Vertical Restraints
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. 400-406 (Microsoft, exclusive dealing portion).
25. Tying
Read EE, pp. 455-462 (Microsoft, tying portion).
26. Loyalty and Bundled Discounts
No reading for this topic.
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.
PART VI: Other Essential Aspects of Federal Antitrust Litigation
29. Proof of Concerted Action or Agreement
Read EE, pp. 653-658 (Bell Atlantic v. Twombly).
30. Jurisdiction, Remedies, Injury, Standing, Limitations on Actions
No reading for this topic; we'll cover a few highlights in a brief slideshow.
31. Exemptions and Immunities
Read EE, Ch. 1.B., pp. 34-39 & 42-43 (Explanation: On page 34, start at "viii. Limits on Antitrust." Then read all the way through to the whole of page 39. Then read the "b. Explicit Exemptions or Limitations" that has the list of 11 things over pages 42-43. There's no need to read on to "c." about state-regulated insurance activities.)
32. Effect on Commerce
Read EE, Ch. 1.B., pp. 49-51.
PART VII: Challenging Bigness
33. Merger Review
No reading for this topic (but recall that you've already read a portion of the DOJ/FTC Horizontal Merger Guidelines, EE pp. 241-256, which concerned mergers).
We'll be covering a few highlights about merger review in a brief slideshow. You already know the economic/doctrinal substance from what we've done under §1 and §2 analysis. What remains is mostly to highlight some procedural aspects.
34. The Current Antitrust Debate
Read portions of Lina M. Khan, Amazon's Antitrust Paradox, 126 Yale L.J. 710 (2016)
as specified: Read pp. 710, 712-717 (skip all footnotes).