Antitrust Law: An Analysis of Antitrust Principles and Their Application


Antitrust Law: An Analysis of Antitrust Principles and Their Application

By (author) Phillip E. Areeda
By (author) Herbert Hovenkamp
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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 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

Antitrust Law is updated twice per year. A Cumulative Supplement is issued in April, and new volumes (4th Edition volumes starting in 2013) are issued in September. Highlights for the 2013 Supplement include:

  • Full coverage of important decisions considering whether the owner of standards-essential patents that have been made subject to FRAND agreements may obtain an injunction against infringers. See Chapter 7, ¶709
  • Full coverage of the Supreme Court’s unanimous decision in Federal Trade Commission v. Phoebe-Putney Sys., reversing the Eleventh Circuit and holding that the antitrust “state action” doctrine did not immunize an anticompetitive merger between two hospitals. See ¶225b4.
  • Coverage of ZF Meritor decision in the Third Circuit condemning above-cost discounting practices. See Chapter 18, ¶1807b2
  • Coverage of the Seventh Circuit’s Agnew v. NCAA decision approving NCAA college agreements limiting the availability of financial aid to student athletes. See Chapter 15, ¶1508
  • Coverage of the Sixth Circuit’s Erie County decision refusing to find an unlawful agreement in suspicious parallel practices in the Ohio rock salt market. See Chapter 3, ¶307d1
  • Treatment of the Federal Circuit’s Ritz Camera decision holding that consumers had standing to bring a Walker Process–style patent exclusion claim. See Chapter 7, ¶706e2
  • On the indirect purchaser rule, consideration of the Ninth Circuit’s ATM Fee decision that consumer users ofATMs whose operators were accused of fixing fees were indirect purchasers, with the banks being the direct purchasers. See Chapter 3, ¶346j
  • Coverage of the Second Circuit’s Eatoni decision concluding that Research-in-Motion’s BlackBerry communications device was not an essential facility and was thus not required to accommodate the plaintiff’s patented keyboard application. See Chapter 7, ¶772
  • Treatment of the Ninth Circuit’s Brantley v. NBC decision on rehearing, holding that a tying action cannot be maintained under the rule of reason in the absence of foreclosure of tied market rivals. See Chapter 17, ¶1704
  • Coverage of recent decisions splitting on the legality of reverse payment patent settlements in the pharmaceutical industry; Supreme Court to decide this issue. See Chapter 20, ¶2046c
  • Treatment of the Seventh Circuit’s Sulfuric Acid decision, holding that joint venture market division and shut-down agreements must be analyzed under the rule of reason. See Chapter 21, ¶213 ;

ISBN: 9780735564282
Pages: 5950
SKU: 0735564280
ETA: Available: Item ships in 3-5 Business Days
  1. Objectives of the Antitrust Laws
  2. Domain of the Antitrust Laws: Jurisdiction, Immunities, and Exclusion from Coverage
  3. The System of Remedies: Basic Issues
  4. The Economic Basis for Antitrust Policy
  5. Market Power and Market Definition
  6. Monopolization
  7. Monopolization: Particular Exclusionary Practices
  8. Power and the Power-Conduct Relationship in Monopolization and Attempt
  9. Mergers: Generally and Horizontal
  10. Vertical Mergers
  11. Conglomerate Mergers
  12. Partial Acquisitions and Post-Acquisition Evidence
  13. Interlocking Directors
  14. Conspiracy, Horizontal and Vertical
  15. "Rule of Reason" and "Per Se Rule" -- General Issues
  16. Vertical Distribution Restraints Limiting Intrabrand Competition
  17. Tying Arrangements
  18. Exclusive Dealing and Related Practices
  19. Horizontal Agreements: An Introduction
  20. Horizontal Agreements Limiting Participants' Output
  21. Horizontal Agreements Facilitating Development, Production, or Distribution
  22. Horizontal Agreements Excluding Rivals
  23. The Robinson-Patman Act
  24. State Antitrust Law: A Brief Introduction
Complete Table of Contents
Table of Cases


Herbert Hovenkamp is the Ben V. & Dorothy Willie Professor of Law at the University of Iowa, where he teaches antitrust law, intellectual property, real property, torts, and American legal history. He is a member of the American Academy of Arts and Sciences, and in 2008 he won the Justice Department's prestigious John Sherman Award for his lifetime contributions to antitrust law. Hovenkamp is the author of some one dozen books and approximately 80 articles. His principal writing includes Antitrust Law: An Analysis of Antitrust Principles and Their Application (formerly with the late Phillip E. Areeda and the late Donald F. Turner) (4th ed. 2013); The Antitrust Enterprise: Principle and Execution (2006); Federal Antitrust Policy: The Law of Competition and Its Practice (3d ed. 2005); and Enterprise and American Law, 1836-1937 (1991). He has consulted on numerous antitrust cases for the federal government, various state governments, and private plaintiffs.


September, 2011 - Prof. Hovenkamp was quoted on Marketplace Morning Report in regards to Google Chairman Eric Schmidt testifying before the Senate Judiciary Committee as the tech company is under scrutiny for possible antitrust violations and uncompetitive practices. Prof. Hovenkamp does not feel there are antitrust violations with Google’s search engine sending searchers to other Google sites. He was quoted as saying “It's very, very easy and costless for customers to switch away from Google if Google is not serving them well.”

July, 2008 - The USDOJ Antitrust Division presented Professor Herbert Hovenkamp with the prestigious John Sherman Award for his lifetime contributions to the teaching and enforcement of antitrust law and the development of antitrust policy. This annual award is given for outstanding contributions to the field of antitrust law, the protection of American consumers, and the preservation of economic liberty. Prof. Hovenkamp's publications include some 70 articles, approximately 50 essays and book reviews, and a dozen books. He is the senior surviving author of Antitrust Law (formerly with Phillip Areeda & Donald Turner), which currently spans 20 volumes, and, with Mark Janis, Mark Lemley and Christopher Leslie, author of IP and Antitrust Law.

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