Antitrust Law, Policy, and Procedure

This innovative and popular casebook focuses on teaching antitrust through the best legal precedents available. It emphasizes current judicial opinions and includes dissents where relevant to help students grasp the issues. The notes reflect a balanced approach to the competing ideologies of left, right, and center—confronting their defects and presenting their strengths. Professors who are strongly committed to a particular ideology should find plenty of material to criticize or, alternatively, to illustrate their view.

The ninth edition of the casebook is being published on the 40th anniversary of the publication of the inaugural edition of this leading antitrust casebook. Specific updates for this edition include:

• Updates on the cyclical nature of antitrust endorsement theories and trends, with a focus on the Biden administration, including a return to a progressive neo-Brandeis antimonopoly approach concerning increased economic power and its effect on concentration in the marketplace affecting consumers and workers and leading to inequality in society and ultimately democracy.
• Developments in the per se rule for price fixing, including labor cartels ("anti-poaching" agreements) and the possibility of criminal prosecution.
• Treatment of the AMG Capital Management case, narrowing the ability of the FTC to award monetary relief; and Axon Enterprises, which permitted courts to consider the status and protections of the FTC's administrative law judges.
• Discussing amendments to venue legislation that make it more difficult for actions brought by multiple state attorneys general to be transferred and consolidated.
• The Celestin and Blenheim decisions limiting the reach of the Act of State doctrine and expanding the scope of foreign sovereign immunity.
• Discussion of the Steve's case permitting a private plaintiff to obtain structural relief in a merger case.
• Discussion of the termination of the Paramount consent decree, which had imposed restrictions on distribution in the motion picture industry.
• Excerpt and discussion of Supreme Court's National Collegiate Athletic Association v. Alston opinion.
• Discussion of no-poach agreements as a form of market division.
• New note on antitrust and worker noncompete agreements, as well as the FTC's assertion of rule making authority to ban most such agreements.
• Discussion of the tying and exclusive dealing claims in the Epic Games v. Apple case, as well as other platform dominance cases.
• New note on the criminal prosecution of illegal monopolies.