859 Current Problems in Antitrust Litigation

This course will explore, and bring together, several strands of reasoning in antitrust law and litigation: First, students will examine how antitrust law relies on broad principles whose formulation and maturation is developed inductively through common law techniques. Put more simply, antitrust doctrine is made through specific cases, i.e., the law comes litigation, it is not made by Congress or an agency promulgating regulations.  Second, students will appreciate antitrust law’s elasticity which balances broad principles being applied to different industries whose economics may be very different. Third, students will understand why some of the greatest lawyers in the last century—Louis Brandeis (a famous antitrust plaintiffs’ lawyer), David Boies, John Paul Stevens, Patrick Lynch, and others—were antitrust lawyers:  their abilities combined legal and factual rigor with creativity.  Students will explore these strands by discussing five “problems” in antitrust litigation:  (1) class certification (including the critical concepts of proving “classide” impact with “common” proof under Fed. R. Civ. P. 23(b)(3)); (2) making economic testimony understandable and persuasive; (3) antitrust in an era of standard essential patents (how do we apply antitrust principles to standard setting?); (4) the Foreign Trade Antitrust Improvements Act and Extraterritoriality; and (5) “Neo-Brandeisian”, a/k/a ‘hipster’ antitrust: Facebook, Google, Amazon and Apple.

Course Type
Lecture
2019
Winter 2019
Course Number Course Credits Evaluation Method Instructor Meeting Day/Times Room

859.01 0.5

Joseph Matelis, Stuart Paynter

Tu 9:00 AM-12:00 PM, W 2:00-5:00 PM 3043

This course will begin by examining leading cases dealing with the intersection of sports and antitrust, putting them in the broader context of joint venture analysis and examining whether there are special considerations in the context of sports leagues. Finally, the class will look at common, real-world issues in light of these principles, including but not limited to (1) acquisitions or agreements with competing leagues, (2) venue contracts, (3) licensing deals (4) equipment regulations, and (5) restrictions on athlete (or coaching staff) compensation.

Grading Basis: Credit/No Credit

Pre/Co-requisites
None
Enrollment Restrictions
None
2018
Winter 2018
Course Number Course Credits Evaluation Method Instructor Meeting Day/Times Room

859.01 0.5

Joseph Matelis, Stuart Paynter

Th 3:00-6:00 PM; Sat 1:30-4:30 PM

This course will begin by examining leading cases dealing with the intersection of sports and antitrust, putting them in the broader context of joint venture analysis and examining whether there are special considerations in the context of sports leagues. Finally, the class will look at common, real-world issues in light of these principles, including but not limited to (1) acquisitions or agreements with competing leagues, (2) venue contracts, (3) licensing deals (4) equipment regulations, and (5) restrictions on athlete (or coaching staff) compensation.

Grading Basis: Credit/No Credit

Degree Requirements
None
Pre/Co-requisites
None
Enrollment Restrictions
None

*Please note that this information is for planning purposes only, and should not be relied upon for the schedule for a given semester. Faculty leaves and sabbaticals, as well as other curriculum considerations, will sometimes affect when a course may be offered.