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Course Details

Antitrust: Mergers, IP, and Vertical Restraints (Hovenkamp)

Spring 2025   LAW 610-001  

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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 absences)

Exam
Multiple Choice,
Essay,
In Class,
Partial Open Book (Open book but scheduled in class; part essay (open book) and part multiple choice. very likely 3 hours total)

Satisfies Senior Writing Requirement

No

Location

Class meets in person.

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.

- I will make PowerPoint slides or other class materials routinely available on the course site to everyone in the class.

Meeting Times/Location
MW 10:30AM - 11:50AM
Gittis Hall 213

Category
Upper-Level

Credits
3.0

This course, which is ordinarily taught in the spring semester, considers antitrust policy toward mergers, including mergers of competitors (horizontal mergers), mergers of firms in buyer-seller relationships (vertical mergers), and "conglomerate," or potential competition mergers. Next it will turn to the relationship between antitrust law and intellectual property rights, focusing mainly on patent practices, but also on competition problems involving large digital platforms. Finally, it will address the law of vertical restraints. Please note: the coverage of this course is different from the material covered in the course entitled “Antitrust.” Students may take either course alone, or they may take both for credit and in any sequence. All required readings will be posted to 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.