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Antitrust Law in the Online Economy: Selected Cases and Materials


Mark R Patterson

Most antitrust courses and casebooks include the same traditional cases. Those cases set out the law as it currently stands, but markets have changed dramatically since many of those cases were decided, and it is not always clear how the law will or should be applied in modern markets and to online issues. This book provides a sampling of new cases and materials in each of the major areas of antitrust. Broadly speaking, it contains cases addressing two types of issues: e-commerce (Apple ebooks, 1-800 Contacts, Google Shopping, Ohio v. American Express, etc.) and intellectual property issues related to the online economy (Qualcomm, Huawei v. ZTE, etc.). The book is ideal for a seminar, but it can also used as supplementary material in a four-credit, two-day-a-week antitrust course with the first day covering the traditional cases and the second day covering the related material in this book. To facilitate using the book that way, it includes short descriptions of cases that traditional books include but that might be omitted. The book includes more secondary materials (on algorithmic collusion, personalized pricing, etc.) than is typical of a casebook, because some of these issues have not yet given rise to cases suitable for inclusion. The book also includes more European materials than is usual for a U.S. antitrust book, given that the EU and its member states have been at the forefront of antitrust enforcement in these areas. It provides enough additional context for U.S. antitrust students or lawyers to appreciate the European materials. Self-publication will allow frequent updating of the book, and updated and teaching materials will also be provided on a related website, antitrust.online.

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Mark R Patterson

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