252.71 sec. 001 - Mergers, Market Power and Monopoly in U.S. Antitrust Law (Fall 2023)
Instructor: Daniel Wall (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Grading Designation: Graded
Mode of Instruction: In-Person
Tu 08:00 AM - 09:50 AM
Location: Law 244
From August 22, 2023
To November 21, 2023
Course End: November 21, 2023
Class Number: 32126
Enroll Limit: 30
As of: 12/08 02:03 AM
This course provides an in-depth and hands-on look at a core issue in antitrust law: how firms obtain and misuse "market power" or "monopoly power." It does that by focusing more or less equally on (a) the antitrust review of mergers, which is intended to identify and block mergers that are likely to create market power, (b) the law of monopolization under Section 2 of the Sherman Act , which seeks to prevents firm from improperly obtaining or exercising monopoly power.
This is also a "simulation course" examining how antitrust controversies play out within the institutions that administer antitrust laws, and how practicing antitrust lawyers do their work. Students will apply the substantive principles learned in class through merger advocacy exercises and mock advocacy. Those exercises will determine grades. There is no final exam.
The first half of the class will consist of a very deep dive into contemporary merger analysis and the merger review process in front of the FTC and DOJ. Students will learn the theory and application of the Horizontal Merger Guidelines (including the new 2023 Guidelines) and the fundamentals of the Hart-Scott-Rodino merger review process. They will analyze real-world mergers (or merger possibilities), and in teams of two present advocacy for or against the deal.
The second half of the class will focus on monopolization issues that have arisen in high-technology markets. Case studies will include high profile actions against Google, Apple, Microsoft, Intel and other high-tech icons. This will allow for a Bay Area/Silicon Valley twist on classic issues such as what is monopoly power, and what is the distinction between "competition on the merits" and "exclusionary conduct." The class will culminate in mock presentations to agencies or courts in which students will advocate that certain conduct is proper or improper.
Exam Notes: (T) Course ends in a final practice trial, arguments, or other presentation (e.g. Powerpoint)
Course Category: Business Law
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