Chapter 1. The Setting for Antitrust Analysis
Antitrust Study, Generally
1A. The Role of Competition: Analytic Model and
Useful Tendency
The Value of Perfect Competition
Perfect and Imperfect Competition Compared
Possible Grounds for Deemphasizing Competition
Workable Competition
1B. Enacting the Antitrust Laws
1C. Procedures for Enforcing the Antitrust Laws
Criminal Punishment
Equitable Relief
Private Actions
Preparing and Trying Antitrust Cases
Repose
1D. The Reach of the Antitrust Laws
Exemptions
State Law and State Action
Interstate Commerce
Foreign Commerce
lE. The Patent System
Premises of the Patent System
Operation of the Patent System
Remedies
Chapter 2. Horizontal Restraints: Collaboration
Among Competitors
2A. Development of the Rule of Reason and the Per Se
Illegality of Price Fixing
2B. Determining Which Restraints Are Reasonable
2C. When Does an Agreement Exist?
Oligopoly Theory
Tacit and Inferred Express Agreements
Intraenterprise Conspiracy
2D. Facilitating Practices
2E. Concerted Refusals to Deal
2F. Influencing Government Action
2G Intellectual Property Licensing and Settlements
Price-Restricted Licenses and the IP-Antitrust Tension
Generally
Use Restrictions
IP Settlements
Chapter 3. Monopoly
3A. Monopolization
The Distinction Between Monopoly and Monopolization
Leverage and the Single Monopoly Profit Theory
Refining the Notion of Exclusionary Behavior
Legislative Deconcentration
Vertical Integration and Dealing with Competitors
Predatory Pricing
Monopolization with Patents: Standards-Essential Patents and Patent Accumulation
3B. Monopoly Power
Horizontal Merger Guidelines
3C. Attempt to Monopolize
Chapter 4. Vertical Restraints
4A. Restricted Distribution
The Per Se Era
The Rule of Reason Revolution
Agency and Similar Relationships
Refusal to Deal and Vertical Agreement
4B. Tying Arrangements
4C. Exclusive Dealing
4D. Bundled Discounts and Loyalty Discounts
Chapter 5. Mergers: Horizontal, Vertical, and Conglomerate
5A. Concentration Levels and Merger Motivations
5B. Introduction to Merger Law
5C. Horizontal Mergers
Horizontal Merger Guidelines
5D. Vertical Mergers
5E. Conglomerate Mergers
Chapter 6. Discrimination Under the Robinson-Patman Act
6A. Primary-Line Injury
6B. Secondary-Line Injury
6C. Affirmative Defenses Under §2(a) and §2(b)
Cost Justification
Meeting Competition in Good Faith
6D. Supplementary Provisions
Buyer Liability
Brokerage
Discriminatory Allowances or Services
Appendix. Selected Statutes
Sherman Act
Clayton Act
Federal Trade Commission Act
Table of Cases