Antitrust Law and Trade Regulation, Cases and Materials

A. Douglas Melamed, Stanford Law School

Randal C. Picker, University of Chicago Law School

Philip J. Weiser, University of Colorado School of Law

Diane P. Wood, University of Chicago Law School

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Table of Contents

2023 Update Memo

Teacher's Manual

Seventh Edition PowerPoint Slides

For those of you who used the prior edition of this book, we note that there are extensive changes between the Sixth Edition and the Seventh Edition, even as the philosophy and many of the basic features remain the same. A brief overview of the changes follows:

(i)                 As in the Sixth Edition, Chapter 1 of the Seventh Edition covers the origins and objectives of antitrust law. The historical materials have been abbreviated somewhat and the English predecessors to American antitrust law have been deleted, but as before, there is an introductory look at key early cases. The new Chapter 1 continues with a look at the ebbs and flows of the national commitment to competition policy and to what that idea has meant over the years, ending with a look at the Chicago School of Antitrust Law, contemporary currents, and questions about the future.

(ii)              The Sixth Edition included an Appendix titled “Basic Economics for Antitrust.” In the new edition, materials designed to introduce the basic economic analysis of market power, monopoly, and points between, have now been promoted to Chapter 2 of the book. Aspects of antitrust economics applicable to specific kinds of conduct are included in the later chapters in which the relevant conduct is discussed. Key materials from the previous edition’s Chapter 3 have been integrated into the new Chapter 2. The former Chapter 2, on the institutional framework of antitrust policy, has been moved to Chapter 10.

(iii)            Chapter 3 of the Seventh Edition incorporates the substance of Chapters 4 and 6 of the former edition. It also includes the joint venture materials and some of the refusal-to-deal materials from the earlier Chapter 5.

(iv)            Chapter 4 of the Seventh Edition corresponds to Chapter 7 of the Sixth Edition. The new Chapter 4 adds materials on the competitive effects of vertical restrictions.

(v)              Chapter 5 of the Seventh Edition, entitled “Exclusion,” picks up the rest of the former Chapter 5 (group refusals to deal) and the former Chapter 8.

(vi)            The topic of mergers still has its own chapter—Chapter 6 of the Seventh Edition, corresponding to Chapter 8 of the Sixth Edition. The new Chapter 6, like its predecessor, includes the Horizontal Merger Guidelines. It also, where appropriate, uses materials issued by the federal Agencies in cases that were not litigated.

(vii)          Chapter 7 of the Seventh Edition covers antitrust in the global economy. Unlike its counterpart in the Sixth Edition, Chapter 10, does not attempt to present either the law of the European Union or any other foreign legal regime in any detail. These are mature systems to which one cannot do justice in a few pages. Instead, the focus is on the way in which U.S. antitrust law does and does not apply to transactions that reach beyond the United States.

(viii)       Chapter 8 of the new edition is brand new. Editions before the Sixth included a chapter on the intersection between antitrust laws and the patent regime, but the field of intellectual property, technology, and platforms has exploded in recent years. Many of the most challenging and competitively important transactions are occurring in this sector, and so the Seventh Edition offers a comprehensive look at it, and tees up the question whether antitrust is capable of regulating competition in such fast-moving industries.

(ix)            Chapter 9 of the Seventh Edition, on the limits of antitrust, gathers together materials from Chapter 5, section 3, of the former edition (“state action,” efforts to influence government), as well as some material from Chapter 2, section 2.

(x)               Chapter 10 winds up the Seventh Edition. It largely addresses the same materials as those addressed in the former Chapter 2, section 1.

(xi)            With some reluctance, the authors decided not to include a chapter on the Robinson-Patman Act (the former Chapter 11). The issues that would arise in a primary-line case can be discussed, if the instructor so wishes, in conjunction with the Chapter 5 cases on predatory pricing. Secondary-line cases are few and far between. The teacher’s manual will suggest several cases that an instructor who wishes to include this topic might consider using.

Comparison Chart:

Sixth Edition	Seventh Edition
Chapter 1	Chapter 1
Chapter 2	Chapters 9, 10
Chapter 3	Chapter 2
Chapter 4	Chapter 3
Chapter 5	Chapters 3, 5, 9
Chapter 6	Chapter 3
Chapter 7	Chapter 4
Chapter 8	Chapter 5
Chapter 9	Chapter 6
Chapter 10	Chapter 7
Chapter 11	Omitted
Appendix	Chapter 2
No counterpart	Chapter 8

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