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Antitrust Law

Professor Fischman
Fall 2015
Professor:
Email:
Lecture:
Office:
Office Hours:
Textbook:

Joshua Fischman
fischman@law.duke.edu
Mon/Wed 3:45 5:05 p.m., Room 3043
Room 3024
Tues 2:00 3:00, Thurs 10:30 11:30, or by appointment
Areeda, Kaplow & Edlin, Antitrust Analysis (7th ed., 2013)

The syllabus below is not intended to be a rigid schedule. I may make changes to the assigned
readings, depending on our pace.
The textbook is organized by numbered paragraphs (some of which are many pages long), but
I have indicated your reading assignments in page numbers in the syllabus. I will post all
supplementary readings on Sakai. Be prepared to discuss the questions following cases. I will
call on students in class but I also expect everyone to contribute to class discussions.
I have requested for lectures to be recorded automatically. Please let me know if you need to
miss lecture, and I will make the class recording available to you.
During the first few weeks of the course, you may find it helpful to skim the remaining parts of
Chapter 1 that were not assigned for the first class. I will not ask you questions about these parts
in class or on the exam, unless we cover them in class.
The final will be a three-hour, open-book exam. Your grade will be determined primarily by the
final exam, but I will make minor adjustments for class participation.
We will not have class on Wed., 10/21 or Mon., 11/16. Make-up classes have been scheduled at
3:45 5:05 p.m. on Fri., 10/30 (in our usual classroom) and Fri., 11/20 (in room 3041).
Reading Assignments:
Chapter 1: The Setting for Antitrust Analysis
Class 1: Introduction and begin Horizontal Restraints
Skim: 124 ( 100118), 3242 ( 128130), 5961 ( 143)
955956, Sherman Act 12
114126, Addyston Pipe & Steel

Chapter 2: Horizontal Restraints: Collaboration Among Competitors


2A. Development of the Rule of Reason and the Per Se Illegality of Price Fixing
Class 2: 127143, Chicago Board of Trade, Trenton Potteries, Socony-Vacuum Oil
2B. Determining Which Restraints Are Reasonable
Class 3: 144166, Topco, Broadcast Music (BMI), Maricopa County Med. Soc.
Class 4: 166193, Natl Soc. of Prof. Engineers, NCAA, Calif. Dental Assn
2C. When Does an Agreement Exist?
Class 5: 201224, Interstate Circuit, Theatre Enterprises, American Tobacco
Class 6: 226254, Text Messaging and supplement on Sakai (also read 241 carefully),
Copperweld (skim), American Needle
2D. Facilitating Practices
Class 7: 254276, American Column & Lumber, Maple Flooring, Container Corp.
(skip paragraphs 254(b)(d), 255, 260)
2E. Concerted Refusals to Deal
Class 8: 284295, 300306, Fashion Originators Guild (FOGA), Klors,
Northwest Wholesale Stationers
Chapter 3: Monopoly
3A. Monopolization
Class 9: 395414, ALCOA, Griffith
Class 10: 414425, United Shoe Machinery
Class 11: 450473, Aspen Skiing, Trinko
Class 12: A.A. Poultry Farms (on Sakai)
490506, Brooke Group
474481, Linkline
3B. Monopoly Power
Class 13: 526553, focus on 34446, 348, 352, 354; you may skim the Horizontal
Merger Guidelines and the remaining paragraphs
553566, ALCOA, du Pont (Cellophane)

Microsoft
Class 14: 426446, 567574, Microsoft
Chapter 4: Vertical Restraints
4A. Restricted Distribution
Class 15: 583612, Dr. Miles Medical, GTE Sylvania, Khan
Class 16: 612643, Leegin (you may skip Part IV of majority opinion and Part II of
dissent), Colgate, Monsanto
4B. Tying Arrangements
Class 17: 643656, Intl Salt, Northern Pacific Railway,
Chicken Delight (on Sakai)
Class 18: 672701, Jefferson Parish Hospital, Eastman Kodak
4C. Exclusive Dealing
Class 19: 711723 (skip 450), Standard Stations,
Tampa Electric (on Sakai)
4D. Bundled Discounts and Loyalty Discounts
Class 20: 726748, LePages, PeaceHealth,
ZF Meritor (on Sakai)
Chapter 5: Mergers
5AC. Introduction and Horizontal Mergers
Class 21: 749782, Brown Shoe, Philadelphia National Bank
Class 22: 783790, General Dynamics
790803 (skim), Horizontal Merger Guidelines
803822 (skip 523), Staples
Additional Topics
Antitrust Injury; State Action Immunity
Class 23: Illinois Brick, Brunswick, Parker (on Sakai)

Petitioning Immunity
Class 24: 314319, 322333, Noerr Motor Freight, Prof. Real Estate,
Omni Outdoor Advertising
The Application of U.S. Antitrust Law to Foreign Conduct
Class 25: Empagran, Minn-Chem, Motorola Mobility (on Sakai)
The Intersection of Antitrust and Intellectual Property Law
Class 26: 374393, Actavis