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 Seventh Edition is a substantial revision from the previous edition, with updating of all case law materials, including the recent decisions of the Supreme Court as well as numerous lower court decisions. The Seventh Edition includes coverage regarding:
Chapter Two: Updated economic analysis, including several new graphs.
Chapter Three: Revised and Updated discussions of transnational application of U.S. antitrust laws; modifications to injunctive relief as antitrust remedy; new interpretation of alien venue statute and worldwide service of process; new discussion of meaning of "consumer walfare" or "total welfare" as a focus of antitrust concerns; updated discussions of standing, damages, and other remedies; and updated treatment of antitrust class actions.
Chapter Four: New discussion of Most-Favored-Nation (MFN) clauses; updated cases and discussion on the standards for motions to dismiss and motions for summary judgment in antitrust cases; and a new section on agreements involving intellectual property, including the Supreme Court's Actavis opinion.
Chapter Five: Completely updated discussion of both inter- and intra-brand vertical restraints; new tying cases, with a focus on tying in high technology markets; and use of discounting practices whose operation is similar to exclusive dealing.
Chapter Six: Expanded discussion of discount pricing; and updated and expanded treatment of attempted monopolization.
Chapter Seven: Updated discussion of 2010 Merger Guidelines as well as Revised Guidelines on Merger Remedies; and complete coverage of merger cases through 2013.
Chapter Eight: Discussion on the Robinson-Patman Act has been updated but placed into an open access digital file so that those who wish to teach it may download it—this saves space and cost in the print version of the casebook.
Chapter Nine: Updated discussion of "state action" doctrine, including Supreme Court's Phoebe Putney decision plus important Circuit Court decisions; and updated discussion of role of antitrust in regulated industries, particularly telecommunications.
This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.