Antitrust Law: An Analysis of Antitrust Principles and Their Application

Recently cited by the Tenth Circuit in Kay Electric Cooperative vs. City of Newkirk: “with its usual care Professor Areeda and Hovenkamp’s treatise traces all these warps and wefts” in analyzing a municipality’s antitrust immunity in light of state authorizing legislation.

The authoritative antitrust resource covering mergers and acquisitions, intellectual property and antitrust, predatory pricing, antitrust issues in healthcare, media, and other areas, monopolizing conduct, "substantial" market power, market share and buyer concentration, interlocking directors, refusals to deal, territorial customer limitation, product tying, contractual arbitration provisions; widely cited by the courts, including more than 100 citations by the Supreme Court and FTC combined. 

The authority of Areeda and Hovenkamp's Antitrust Law is second to none. It has been cited more than 50 times by the Supreme Court, more than 50 times by the FTC, and more than 1,050 times by the federal courts. Most recently it was cited by the Supreme Court in American Needle, Inc. v. National Football League. No other source gives you all the law to avoid antitrust liability as you:

• Plan marketing strategies and develop pricing policies
• Structure mergers and acquisitions with attention to potential antitrust consequences
• Prove - or defend against - antitrust injury, monopolization, conspiracy, tying, and other allegation

Among the real-world examples and proven strategies you can apply directly to your own cases, you'll find clear discussions of

• Intellectual property and antitrust
• Predatory pricing
• Antitrust issues in healthcare, media, and other areas
• Monopolizing conduct
• "Substantial" market power
• Market share and buyer concentration
• Interlocking directors
• Refusals to deal
• Territorial customer limitation
• Product tying
• Contractual arbitration provisions
• Plus in-depth examination of thousands of cases.

The 2017 Supplement brings you up to date on many important developments in the law, including:

• Decisions regarding pay-for-delay pharmaceutical settlements and pharmaceutical product hopping (see ¶¶205g, 2046d6).
• Updated coverage of the aftermath of the Second Circuit's case finding antitrust liability for price-fixing agreements among Apple and book publishers involving e-books (see ¶2022f).
• Updates on post-Twombly pleading cases, including the Fourth Circuit's SD3 decision, sustaining a complaint that electric saw makers conspired not to install a particular safety device on their saws (see ¶1416).
• Complete coverage of the standing and merits issues raised by the LIBOR bank-rate-fixing conspiracy (see ¶¶337, 1434).
• Full coverage of recent FTC hospital merger cases, in particular Penn State Hershey in the Third Circuit and Advocate Health in the Seventh Circuit, both of which call the Elzinga-Hogarty relevant geographic market definition test into question in hospital merger cases (see ¶¶550a3, 970d); also, full coverage of the case sustaining the FTC's challenge to a merger between Staples and Office Depot (see ¶932c).
• Treatment of the Second Circuit's American Express decision rejecting a government challenge to anti-steering rules (see ¶¶562e, 565, 1505).
• Discussion of the D.C. Circuit's Osborn decision holding that plaintiffs adequately alleged conspiracy of Visa card issuers setting ATM access fees (see ¶1478).
• Analysis of the Third Circuit's Eisai case rejecting a challenge to the defendant's market-share discount program (see ¶¶749e, 1807b2).

Note: Online subscriptions are for three-month periods.

Volume I (Fifth Edition)

• Objectives of the Antitrust Laws
• Domain of the Antitrust Laws: Jurisdiction, Immunities, and Exclusion from Coverage

Volume IA (Fifth Edition)

• Domain of the Antitrust Laws: Jurisdiction, Immunities, and Exclusion from Coverage (cont.)

Volume IB (Fifth Edition)

• Domain of the Antitrust Laws: Jurisdiction, Immunities, and Exclusion from Coverage (cont.)

Volume II (Fourth Edition)

• The Antitrust System of Remedies

Volume IIA (Fourth Edition)

• The Antitrust System of Remedies (cont.)

Volume IIB (Fourth Edition)

• The Economic Basis for Antitrust Policy
• Market Power and Market Definition

Volume III (Fourth Edition)

• Monopolization
• Monopolization: Particular Exclusionary Practices

Volume IIIA (Fourth Edition)

• Monopolization: Particular Exclusionary Practices (cont.)

Volume IIIB (Fourth Edition)

• Monopolization: Particular Exclusionary Practices (cont.)
• Power and the Power-Conduct Relationship in Monopolization and Attempt

Volume IV (Fourth Edition)

• Mergers: Generally and Horizontal

Volume V (Fourth Edition)

• Potential Competition and Other “Conglomerate” Mergers
• Interlocking Directors and Other Officers

Volume VI (Fourth Edition)

• Conspiracy, Horizontal and Vertical

Volume VII (Fourth Edition)

• Conspiracy, Horizontal and Vertical (cont.)
• "Rule of Reason" and "Per Se Rule" -- General Issues

Volume VIII (Fourth Edition)

• Vertical Distribution Restraints Limiting Intrabrand Competition

Volume IX (Fourth Edition)

• Tying Arrangements and Related Practices

Volume X (Fourth Edition)

• Tying Arrangements and Related Practices

Volume XI (Fourth Edition)

• Exclusive Dealing and Related Practices
• Horizontal Agreements: An Introduction

Volume XII (Fourth Edition)

• Horizontal Agreements Limiting Participants' Output

Volume XIII (Fourth Edition)

• Horizontal Agreements Facilitating Development, Production, or Distribution Horizontal Agreements Excluding Rivals

Volume XIV (Fourth Edition)

• The Robinson-Patman Act
• State Antitrust Law: A Brief Introduction

The 2020 Supplement brings you up to date on many important developments in the law, including:

• Full treatment of the Supreme Court’s decision in Apple, Inc v. Pepper and subsequent developments regarding antitrust’s indirect purchaser rule

Coverage of:

• The Seventh Circuit’s Alarm Detection System, Inc. v. Village of Schaumburg decision, holding that a claim that a municipality conspired with an alarm system provider to give it exclusive access to a law enforcement warning system was protected by Noerr
• The Second Circuit’s decision in Connecticut Fine Wine & Spirits, LLC v. Seagull, holding that a liquor price-posting statute was not preempted by the Sherman Act, with a strong dissent
• The Eleventh Circuit’s Diverse Power, Inc. v. City of LaGrange, Georgia decision, holding that a state statute permitting a city to provide water service did not authorize tying it to gas service
• The Ninth Circuit’s holding in Surf City Steel, Inc. v. International Longshore & Warehouse Union that nonstatutory labor immunity applied to a work assignment policy
• The Second Circuit’s decision in Biocad JSC v. F. Hoffmann-La Roche, holding that the FTAIA precluded a foreign drug manufacturer’s antitrust challenge to another foreign manufacturer’s antitrust conduct alleging that its effect was to delay plaintiff’s entry into the U.S. pharmaceutical market
• The Second Circuit’s US Airways, Inc. v. Sabre Holdings Corp. decision, which is the first Circuit-level decision to implement the Supreme Court’s AmEx decision on a two-sided platform
• The Federal Circuit’s decision in Intellectual Ventures I LLC v. Capital One Financial Corp., applying res judicata to a claim of monopolization by aggregation of invalid patents
• Current developments in the FTC’s challenge to FRAND licensing practices in Qualcomm, Ninth Circuit appeals, and the Antitrust Division’s resistance
• The D.C. Circuit’s dismissal of a vertical merger challenge in United States v. AT&T (2019), and the Agencies’ subsequently released draft Vertical Merger Guidelines
• The Eleventh Circuit’s dismissal of the complaint in Quality Auto Painting Center of Roselle, Inc. v. State Farm Indemnity Co. because the market structure revealed that collusion was unnecessary to facilitate parallel pricing
• The FTC’s decision in 1-800-Contacts, Inc., that a horizontal trademark settlement agreement limiting participants’ ability to mention rivals’ brand names in advertising was an unfair method of competition
• The Ninth Circuit’s NFL’s Sunday Ticket Antitrust Litigation decision, holding that the complaint sufficiently alleged a per se unlawful agreement among the NFL and its member teams to grant exclusive access to certain satellite programming