Section Description Provided by Instructor
The focus of Antitrust in Action is the application of antitrust principles to issues frequently faced by practitioners, particularly in the context of advising and representing corporate clients. The course comprises 13 two-hour sessions in the spring semester.
Students will receive two graded academic credits total. Grades will be based on a several mini-papers and assignments. The course will be open to J.D., LL.M.,and M.B.A. candidates who have completed a basic course in antitrust law or who secure the permission of the instructors.
The course will focus on three practical questions faced by antitrust lawyers: how do antitrust lawyers develop a view about a particular transaction or communicating a view; and to what extent and how do lawyers shape their clients' conduct. The course will consider these questions from the perspectives of both private antitrust lawyers and government enforcers.
The course will consider five areas of antitrust: merger analysis, competitor collaborations, private antitrust enforcement, the intersection of antitrust and intellectual property law, and unilateral conduct. The course will explore these areas through a mix of methods including role playing and discussions with visiting economists. We will look comparatively at the different approaches required by different jurisdictions.
At the end of this course, students will have a deep understanding of the issues confronting enterprises conducting their ordinary course of business in today's antitrust environment. Students who successfully complete the course will be able to identify potential antitrust problems facing businesses in any commercial setting and learn to think through the solutions. The course will integrate the litigation risk, strategy and defense associated with a wide variety of practices.
The course will be taught by Christine Varney and David Marriott, both partners at Cravath, Swaine & Moore LLP. Christine Varney is an experienced antitrust practitioner who has the distinction of being the only person who has served both as a Commissioner of the Federal Trade Commission and as United States Assistant Attorney General for Antitrust. David Marriott is a litigator whose practice focuses on complex litigation, including antitrust litigation.