Advanced Antitrust: Hot Topics

There is more focus today on antitrust enforcement and competition policy than at any point in recent memory. This two-credit advanced antitrust seminar, taught by Obama's Assistant Attorney General for Antitrust (2013-16), examines topics that have the current attention of the courts, enforcers, academicians, elected officials and the public: Is the consumer welfare standard the right measure for determining injury to consumers and competition in a 21st Century economy? Is the Chicago School preference for erring on the side of underenforcement justified? Did the Supreme Court in American Express get it right in analyzing anticompetitive effects in two-sided platforms? Are the current allegations of monopoly maintenance by Google, Facebook, Amazon and Apple meritorious or simply an effort by others to punish success? Does current merger law adequately address the competitive consequences of acquisitions of nascent competitors by dominant firms and the risks associated with vertical acquisitions by dominant firms? How should the courts balance the rights of holders of standard essential patents against those of implementors? Which of the antitrust reforms being debated in Congress make sense? Expect guest appearances from one or more practitioners knowledgeable about these issues. This course is open to anyone who has taken Antitrust Law 1001 and to others with permission of the instructor. Enrollment is limited to 16 students. Elements used in grading: class participation, including helping lead one of the discussion topics, and a 10-15 page paper picking an issue discussed in the seminar and arguing a side. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available at https://law.stanford.edu/education/courses/consent-of-instructor-forms/. See Consent Application Form for instructions and submission deadline.