University of New Hampshire

School of Law

Antitrust Law

This course will explore the operation of the competitive market process, the issues that have arisen, and how the federal judiciary has construed the antitrust laws. In addition, state antitrust activities will be briefly covered. Finally, in recognition of the emergence of the global economy, we will also discuss the international application of U.S. antitrust laws, as well as a brief mention of the antitrust regulations of foreign countries. The primary emphasis is how the federal antitrust laws have been interpreted and applied. Since the U.S. Supreme Court is the most important interpreter of the antitrust laws, we will analyze a number of cases decided by the Court. Over the years the Supreme Court has changed its attitude about certain business practices, in response to developments in economic conditions, the political climate, or the Court's understanding of their effects on other businesses and the public. To further complicate matters, and to make client advising difficult in this area is the fact that the Court appears to have different goals at different times: at one time the goal may be economic efficiency; at another time it may be the preservation of small businesses; at another the decentralization of economic (and political) power; and, at yet another time it may be the protection of consumers. From the text, readings, cases, classroom discussion, lectures, and multimedia presentations you will learn tools and analytical techniques for assessing the antitrust risks of corporate and individual behavior.


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