Law Schedule of Classes

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248.8 sec. 001 - Evolution of Antitrust, Merger Review, and Enforcement (Fall 2022)

Instructor: Kelly Smith Fayne  
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Units: 1
Grading Designation: Credit Only
Mode of Instruction: In-Person


F 08:00 AM - 09:50 AM
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From August 26, 2022
To October 07, 2022

Course Start: August 26, 2022
Course End: October 07, 2022
Class Number: 32277

Enrollment info:
Enrolled: 8
Waitlisted: 0
Enroll Limit: 30
As of: 02/17 06:39 AM

Since 1914, mergers and acquisitions that “substantially lessen competition” have been illegal; and since the HSR Act was passed in 1976 the exercise has largely been one of foretelling the future. But what amounts to a substantial lessening of competition, and how do regulators go about predicting which deals will have anticompetitive effects? This seminar will follow the evolution of antitrust law, policy, and economics over the course of its 100+ year history, with a focus on the deals that have (and have not) passed antitrust scrutiny. By considering the key contemporaneous writings – from legislative history, regulator speeches, court decisions, agency guidance, and academic scholarship – we will develop an understanding of where antitrust merger enforcement started, and where its going. As this is ultimately a course about innovation, and how our antitrust policy itself has been disrupted and pivoted over the years, we will also focus on the key “tech” antitrust merger cases and their practical implications for companies looking to do deals at the leading edge of innovation.

Exam Notes: (None) Class requires a series of papers, assignments, or presentations throughout the semester
Course Category: Business Law

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