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Antitrust (Hovenkamp)
Fall 2020   LAW 607-001  

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Meeting Times/Location
MW 9:00AM - 10:20AM

Faculty
Herbert Hovenkamp

James G. Dinan University Professor

hhovenka@law.upenn.edu
Additional Information

Skills Training
None

Grading
100% Exam,
Other (Students may be graded down for consistent lack of preparation or excessive absence)

Exam
Multiple Choice,
Essay,
In Class,
Partial Open Book (Formatting and Access will depend on remote learning limitations. In general, I give a closed book exam which is part essay and part multiple choice.)

Satisfies Senior Writing Requirement

No

Location

Class meets online.

Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.

I offer the following to students who miss class due to illness:

- Class sessions are regularly recorded. I will make these recordings routinely available on the course site to everyone in the class.

Category
Upper-Level

Credits
3.0

ANTITRUST

The course, which is ordinarily taught in the fall semester, considers the basic principles of federal antitrust law, focusing on practices that are forbidden by the Sherman Act. It will examine the law of exclusionary practices by dominant firms ("monopolization" and attempt to monopolize), horizontal restraints (including price fixing, joint ventures, and other forms of collusion); and some elements of private enforcement. No previous knowledge of economics is assumed. To the extent time is available, the final sessions will be devoted to hot topics of current interest. A complimentary course, offered in the spring semester, focuses on mergers (horizontal and vertical), antitrust and intellectual property, and vertical restraints. The courses are not cumulative. Students may take either or both and in any sequence. In addition to the assigned book some materials will be distributed via Canvas.

Course Concentrations

Business and Corporate Law Learning outcomes: Demonstrate a core understanding of business and corporate law; Perform legal analysis in the context of business and corporate law; Communicate effectively on topics related to business and corporate law; Demonstrate an understanding of the interconnection between the world of business and finance and that of business and corporate law, and how they affect other areas of law and society.

Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.

Intellectual Property and Technology Law Learning outcomes: Demonstrate a core understanding of intellectual property law; Perform legal analysis in the context of intellectual property law; Communicate effectively on topics related to intellectual property; Demonstrate an understanding of the interconnection between technology and intellectual property, and how they affect other areas of law and society.

Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.

Administrative and Regulatory Law Learning outcomes: Demonstrate a core understanding of administrative and regulatory law and the administrative process, including the role of statutory authorization and work of administrative agencies; Perform legal analysis in the context of administrative and regulatory law; Communicate effectively on topics related to administrative and regulatory law; Demonstrate an understanding of the role administrative and regulatory law play in our legal system and in society as a whole.


Textbooks

"ANTITRUST LAW, POLICY AND PROCEDURE" by Sullivan, Hovenkamp, Shelanski, Leslie
Edition: 8th (2019)
Publisher: Carolina Academic Press
ISBN: 9781531014148
Required

"FEDERAL ANTITRUST POLICY: THE LAW OF COMPETITION AND ITS PRACTICE" by Herbert Hovenkamp
Edition: 6th 2020
Publisher: West Academic
ISBN: 9781684674350
Recommended