This course consists of an introduction to antitrust law. One important focus is on unlawful practices by which businesses eliminate competition among themselves, thereby harming consumer and other interests. These practices include price-fixing agreements, trade association activities, and mergers between competitors. The second important focus is on unlawful practices by which businesses exclude competitors from their markets, thereby harming the interests of the excluded firms, consumers, etc. These practices include monopolization, boycotts, price discrimination, mergers between noncompetitors, industrial espionage, and predatory pricing. The course covers criminal and civil liability under the federal antitrust laws, especially the Sherman and Clayton Acts.
Familiarity with federal and state antitrust principles is important for students planning to enter a general or business practice. The course places emphasis on antitrust considerations relevant to lawyers representing consumers or business clients of all sizes. Familiarity with antitrust principles also is important for students who plan to practice with a government agency that has antitrust responsibilities (e.g., U.S. Dept. of Justice; Federal Trade Commission; State Attorney General; various State and Federal Regulatory Agencies, etc.).