MVV324K US Antritrust Law

Faculty of Law
Spring 2021
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Nikita Koradia (seminar tutor), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Guaranteed by
prof. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV324K/01: Mon 26. 4. 8:00–9:40 041, 10:00–11:40 041, Tue 27. 4. 8:00–9:40 041, Wed 28. 4. 8:00–9:40 041, Thu 29. 4. 8:00–9:40 041
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 2/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 38 fields of study the course is directly associated with, display
Course objectives
Antitrust law is a multidimensional and a complex area of law that assumes that markets must function on the law of supply and demand condemning anti-competitive agreements, checking abuse of dominance and reviewing mergers that can riddle with the functioning of the market artificially. Sherman Act was one of the first legislations that was passed to condemn the trust culture that dominated the American Economy in the 18th century. As a response to these trusts Sherman Act came into being to save the small units of production and to break the trusts in order to keep the prices in check and uphold consumer welfare.

The US antitrust law litigation saw various intriguing developments in the 19th and the 20th century in complex markets such as technology markets, sports market, agriculture markets, digital markets, digital payment markets, music industry etc.. The development of antitrust in the US has shown a remarkable trend from rectifying physical markets to addressing anti-competitive concerns in digital markets as well. The development of antitrust in America has influenced a movement internationally as well. From a structural approach proposed by Harvard school of thought which dominated the antitrust policy in the 1960’s to an economic based approach to antitrust proposed by Chicago school of thought which influenced antitrust in the 1970’s and still remains the predominant school of thought, persuaded an international movement of antitrust in other jurisdictions as well on the same approach.

The course has been developed with an aim to show the growth of antitrust in America in the 19th Century which to a great extent remains relevant in the 20th century as well. The course shall highlight two main areas of US antitrust law: anti-competitive agreements and abuse of dominance and where relevant will try to draw a comparison to the EU Competition law. The course shall discuss in detail the changing concepts of anti-competitive price agreement and anti-competitive non-price agreements and also discuss various wrongs associated with abuse of dominance under the US antitrust law. The course aims to also address selected hot topics emerging internationally.
Learning outcomes
1. To get an overview of the US Antitrust Law and understand the basic economics of Antitrust.
2. To learn about anti-competitive agreements and abuse of dominance in the US Antitrust law with the help of case laws.
3. To draw a Comparative analysis between the US Antitrust Law and the EU Competition Law.
Syllabus
  • Session 1
  • Introduction to Antitrust Law
  • - Introduction to the Economics of Antitrust
  • - Introduction to History of Sherman Act and the purpose of Antitrust law
  • - Introduction to Goals of Sherman Act
  • - Introduction to various Laws dealing with Antitrust: Sherman Act, Clayton Act and Federal Trade Commission Act
  • - Introduction to Various School of thoughts: Harvard school of thought and Chicago school of thought and Post-Chicago School of thought
  • - Introduction to the concept of Barriers to Entry.
  • Session 2
  • Horizontal Agreements
  • - Introduction to Economics of Horizontal Agreements
  • - Introduction to Types of Horizontal Agreement: Price Fixing, Output restriction, bid rigging
  • - Introduction to Parallel behaviour or Collusive Behaviour
  • - Introduction to Per Se Rule and Rule of Reason: Price Restraints and Non-Price Restraints
  • - Introduction to Information Exchange: Hub and Spoke Scenario: The Apple E-Book Case
  • - Introduction to The ETURAS case: European Union.
  • Session 3
  • Vertical Agreement
  • - Introduction to Economics and Incentives of Vertical agreements
  • - Introduction to Efficiencies of vertical Agreement and inefficiencies of vertical agreements
  • - Introduction to Tie-in, Bundling: Two product Test: Jefferson parish, Microsoft case (United States and European Union)
  • - Introduction to Exclusive Distribution Agreement
  • - Introduction to Exclusive supply agreement
  • - Introduction to Resale Price Maintenance: Dr. Miles to Leegin Case.
  • Session 4
  • Abuse of Dominance
  • - Determination of Relevant Market: A brief
  • - Introduction to exploitative abuses and exclusionary abuses
  • - Introduction to Excessive pricing
  • - Introduction to Economics of Price discrimination: Type I, Type II and Type III
  • - Introduction to Loyalty Rebates, slotting allowances
  • - Introduction to Predatory Pricing
  • - Introduction to Aftermarket dominance: The Kodak case
  • - Conclusion: Lina Khan’s Article on Amazon’s Antitrust Paradox.
Literature
  • The reading material shall be provided during the course. But the Sherman Act and the Treaty of Functioning of European Union must be pre-read for the reference. Also a case list shall be provided closer to the date.
Teaching methods
Lectures and discussion.
Assessment methods
A final Paper due three weeks after the last final class: 6-7 page essay (research article) on any topic which has been dealt in the class or any topic that students may wish to choose on being confirmed by the lecturer.
Language of instruction
English
Further Comments
Study Materials
The course is taught only once.
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