| | Description
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:
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Plan marketing strategies and develop pricing policies
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Structure mergers and acquisitions with attention to potential antitrust
consequences
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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
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Intellectual property and antitrust
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Predatory pricing
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Antitrust issues in healthcare, media, and other areas
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Monopolizing conduct
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"Substantial" market power
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Market share and buyer concentration
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Interlocking directors
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Refusals to deal
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Territorial customer limitation
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Product tying
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Contractual arbitration provisions
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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:
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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
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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.
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Coverage of ZF Meritor decision in the Third Circuit condemning
above-cost discounting practices. See Chapter 18, ¶1807b2
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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
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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
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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
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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
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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
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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
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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
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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 ;
| Table of Contents
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Objectives of the Antitrust Laws
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Domain of the Antitrust Laws: Jurisdiction, Immunities, and Exclusion from
Coverage
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The System of Remedies: Basic Issues
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The Economic Basis for Antitrust Policy
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Market Power and Market Definition
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Monopolization
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Monopolization: Particular Exclusionary Practices
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Power and the Power-Conduct Relationship in Monopolization and Attempt
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Mergers: Generally and Horizontal
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Vertical Mergers
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Conglomerate Mergers
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Partial Acquisitions and Post-Acquisition Evidence
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Interlocking Directors
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Conspiracy, Horizontal and Vertical
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"Rule of Reason" and "Per Se Rule" -- General Issues
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Vertical Distribution Restraints Limiting Intrabrand Competition
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Tying Arrangements
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Exclusive Dealing and Related Practices
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Horizontal Agreements: An Introduction
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Horizontal Agreements Limiting Participants' Output
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Horizontal Agreements Facilitating Development, Production, or Distribution
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Horizontal Agreements Excluding Rivals
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The Robinson-Patman Act
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State Antitrust Law: A Brief Introduction
Complete Table of Contents
Table of Cases
Index
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