2013 Antitrust Publications Catalog by American Bar Association

2013

Antitrust

Publications Catalog For the competitive edge, turn to the most trusted name in Antitrust Lawâ&#x20AC;&#x201D;

the ABA Section of

Antitrust Law

American Bar Association

Contents

Antitrust Law Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Mergers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Civil Litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Criminal Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 International. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Counseling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 State Antitrust Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Intellectual Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Consumer Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Health Care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Of Special Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Predatory and Unfair Business Conduct. . . . . . . . . . . . . . . . 61 Index of Titles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Section of Antitrust Law Membership. . . . . . . . . . . . . . . . . . 66 Antitrust Law Conference Calendar. . . . . . . . . . . . . . . . . . . . 70 Order by mail:

Shipping information

Complete the order form inside the catalog and mail it to:

Normal delivery is by UPS. To ship UPS, we need your street address. If you list a post office box number, we will ship by U.S. mail.

American Bar Association Publication Orders P.O. Box 10892 Chicago, IL 60610-0892

Order by phone: 1-800-285-2221, M-F,

between 7:30 a.m. and 5:30 p.m., Central Time

Order by fax: 1-312-988-5568 anytime Order by e-mail: orders@americanbar. org Visit our web site: www.shopaba.org

Additional quantity discounts for certain buyers

Quantity discounts of up to 40% off are available when the products are used in law schools, state and local bar associations, or other educational programs. For further information, contact the Antitrust Marketing Director, American Bar Association, 321 North Clark St., Chicago, IL 60654-7598, 1-312-988-5764.

Money back guarantee

If you are not satisfied for any reason, return the product with the shipping document within 30 days of receipt for a full refund to: ABA Distribution Center, 905 Carlow Dr. Unit B, Bolingbrook, IL 60490.

Questions?

If you have any questions about products, price, delivery, or payment, call the ABA Service Center at 1-800-285-2221, M-F, between 7:30 a.m. and 5:30 p.m. Central Time. Outside the U.S. call 1-312-988-5522.

Special Quantity Discounts Available for Antitrust Section Members

1-4 copies: Antitrust Section member price 5-9 copies: 7% discount off Antitrust Section member price 10-19 copies: 15% discount off Antitrust Section member price 20+ copies: 20% discount off Antitrust Section member price

Note: Not all books will conform to this discount structure.

New fo r 2 0 1 3 • 2012 Annual Review of Antitrust Law Developments —See Page 2 • Price Discrimination Handbook —See Page 9 • Antitrust Discovery Handbook, Third Edition —See Page 10 • Telecom Antitrust Handbook, Second Edition —See Page 54 • Business Torts and Unfair Competition Handbook,Third Edition —See Page 61 • Frequently Asked Antitrust Questions, Second Edition —See Page 31 • 2013 Review of Consumer Protection Law Developments —See Page 46 • The Handbook of U.S. Antitrust Sources —See Page 55

e are pleased to offer you the 2013 Antitrust Publications Catalog. The ABA Section of Antitrust Law has long been the most trusted name in legal publishing with respect to antitrust law, and even a cursory glance at the titles in this catalog reveals the breadth and depth of works published by the Section. The Section is committed to the highest standards of scholarship and continuing legal education. To that end, each work is drafted and edited by leading experts on the topics covered and then rigorously peer reviewed by Section leaders, including Council members, and other Officers and experts. Because the Section’s commitment to quality does not stop at publication, we encourage you to provide any comments or suggestions you may have for future editions of existing titles. Take a few moments to explore our 2013 catalog, and see for yourself how ABA Section of Antitrust Law publications can help you sharpen and keep your competitive edge.

Join the Section of Antitrust Law Section membership offers you discounted access to our numerous publications and programs, as well as the opportunity to participate in ongoing dialogue with the antitrust enforcement agencies and the work of our committees. Each member receives both the Antitrust magazine and Antitrust Law Journal three times per year, as well as the online The Antitrust Source and list serves. You also will receive special discounts on our publications and programs. For more information or to join, visit our web site at www.ambar.org/antitrust or call 1-800-285-2221.

Antitrust Law Developments

NEW!

2012 Annual Review of Antitrust Law Developments For almost 40 years, Antitrust Law Developments and its annual supplements have been recognized as the single most authoritative and comprehensive set of research tools for antitrust practitioners. The 2012 Annual Review of Antitrust Law Developments summarizes developments during 2012 in the courts, at the agencies, and in Congress.

Among other topics, the 2012 Annual Review discusses:

•

Important judicial decisions and government enforcement across the major areas of antitrust law, including agreements in restraint of trade, monopolization, M&A, joint ventures, intellectual property, and exemptions and immunities.

•

Extensive discussion of court rulings on issues central to private litigation, including developments in pleading standards under Twombly, standards for class certification, and new cases involving the Robinson-Patman Act.

•

Comprehensive review of antitrust law developments in industryspecific sectors, including health care, energy, telecommunications, and transportation.

•

Discussion of potentially ground-breaking cases in 2012 that are before the U.S. Supreme Court in 2013, most notably on the subjects of pharmaceutical patent settlement agreements and state-action immunity.

•

International developments in China, United Kingdom, Canada, Brazil, and other jurisdictions.

2013 7 x 10 374 pages paper Product Code: 5030606 $129.00 AT Section Members $169.00 Regular Price 2-5 Copies: $112.00 AT Section Members

1-800-285-2221

6+ Copies: $99.00 AT Section Members

$149.00 Regular Price $129.00 Regular Price

Save 10% when you order Antitrust Law Developments (Seventh) together with the 2012 Annual Review Supplement ALD7+1 Package Includes: • the two-volume hardcover Antitrust Law Developments (Seventh) • the 2012 Annual Review of Antitrust Law Developments Product Code: 5030607PKG

$476.00 AT Section Members

$579.00 Regular Price

Seventh Edition Antitrust Law Developments (Seventh) is the seminal comprehensive review of federal antitrust law, with reports on current case law and administrative and legislative developments through 2011.

Summary of Contents Volume I Chapter 1—Restraints of

Trade

Chapter 2—Monopolization

and Related Offenses

Chapter 3—Mergers and

Acquisitions

Chapter 4—Joint Ventures Chapter 5—Robinson-

Patman Act

Chapter 6—Relevant Market Chapter 7—State Antitrust

Laws

Chapter 8—Civil

Government Enforcement

Chapter 9—Private Antitrust

Suits

Volume II Chapter 10—Criminal

Involving Intellectual Property Chapter 12—Antitrust and International Commerce Chapter 13—General Exemptions and Immunities Chapter 14—Regulated Industries Appendixes Table of Cases Index

This new seventh edition addresses important developments, including the Supreme Court’s decisions in Twombly, Leegin, American Needle, linkLine, and Weyerhaeuser and their treatment in the lower courts. Developments in the courts of appeals relating to bundled discounts and the antitrust–intellectual property interface all receive comprehensive treatment. The chapter on mergers and acquisitions has been substantially revised to reflect the new DOJ/FTC Horizontal Merger Guidelines and new foreign merger control regimes, and the discussion of the misuse doctrine in the chapter on intellectual property has been reorganized and revised. Antitrust Law Developments (Seventh) is the product of an enormous team effort of Antitrust Section members and is a “must have” for every antitrust practitioner. 2012 7 x 10 2,000 pages hardcover Product Code: 5030583 (2 volumes) $400.00 AT Section Members $475.00 Regular Price 2-5 Copies: $379.00 AT Section Members $449.00 Regular Price 6+ Copies: $339.00 AT Section Members $409.00 Regular Price

www.ambar.org/antitrust

Antitrust Enforcement

Chapter 11—Antitrust Issues

This two-volume set updates you on key decisions in the courts and developments at the enforcement agencies, keeping you current in every area of antitrust practice. Each edition of Antitrust Law Developments is designed to improve upon, as well as update, prior editions, and to ensure consistency with everchanging developments in this dynamic area of law.

Antitrust Law Developments

Merger Review Process

Mergers

Fourth Edition Revised and expanded, this comprehensive guide to the process and procedures of merger review at the federal agencies makes the federal review process more comprehensible and accessible to executives, parties, and their counsel. The Merger Review Process, Fourth Edition focuses on the strategic decisions that executives, parties, and their counsel must make at key junctures in the merger process. The fourth edition updates the procedures detailed in the third edition and also expands the scope of the volume to include:

• an overview of non-U.S. merger regress, • the role of the states and regulatory agencies in merger review, • discovery of electronic materials, • use of economists, • agency, administrative, and injunction challenges. Easy to use, this book follows a transaction chronologically through the review process. You’ll learn about: • the review process from the prefiling stage through possible nonlitigation resolutions to an agency challenge, • coordination of multijurisdictional review, • investigations of transactions not subject to Hart-Scott-Rodino notification • requirements, and the steps the reviewing agency, parties, and counsel • may take.

1-800-285-2221

2012 6 x 9 250 pages paper Product Code: 5030587 $169.00 AT Section Members $199.00 Regular Price

Mergers and Acquisitions: Understanding the Antitrust Issues Third Edition

Summary of Contents

A comprehensive review of U.S. substantive merger law, Mergers and Acquisitions, Third Edition gives you indispensable guidance you can put into practice today. No other book gathers all of the resources, case law, and agency rulings you need in a single place. It is a fundamental reference to: • the relevant case law • antitrust guidelines • policies and speeches, and • consent decrees on the subject. This valuable source guides you through the substantive analysis applied to transactions, including market definition and measurement; possible coordinated and unilateral effects arising from a transaction; potential mitigating factors, efficiencies, and defenses; joint ventures and vertical and conglomerate mergers; international transactions; and judicial relief and remedies. This third edition also features expanded economic content that address some of the economic principles underlying the issues. Written by economists, this content provides the reader with a deeper understanding of the relevant economic issues in a way accessible to those without formal economic training. 2008 6 x 9 1,219 pages paper Product Code: 5030518 $169.00 AT Section Members $199.00 Regular Price

www.ambar.org/antitrust

Foreword Preface Chapter 1—Overview of the Applicable U.S. Antitrust Laws Chapter 2—U.S. Enforcement Policy and Procedure Chapter 3—Market Definition and Measurement Chapter 4—Horizontal Mergers: Proving Likely Anticompetitive Effects Chapter 5—Rebutting the Structural Inference Chapter 6—Efficiencies Chapter 7—Possible Defenses Chapter 8—Joint Ventures Chapter 9— Potential Competition Doctrine Chapter 10—Vertical Mergers Chapter 11—Conglomerate Mergers Chapter 12—Application of Merger Laws to Multinational Transactions Chapter 13—Judicial Relief and Remedies Appendix A-R Table of Cases

Mergers

Since the publication of the first edition of Mergers and Acquisitions, the federal agencies and state attorneys general have continued an active merger agenda and have refined merger analyses through settlements, liquidated cases, and speeches. This third edition has been completely updated to capture the most important developments in this area.

Premerger Notification Practice Manual Fourth Edition

Mergers

This updated fourth edition of Premerger Notification Practice Manual remains the best and most comprehensive published source for guidance in complying with federal agency rules governing notification of a planned merger. The Manual provides summaries and discussions of (a) informal interpretations given by the Premerger Notification Office of the Federal Trade Commission and (b) enforcement actions brought by the antitrust agencies regarding the premerger notification requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and the Commission’s implementing regulations.

Summary of Contents Interpretations Relating to Section 7A Interpretations Relating to Part 801 Interpretations Relating to Part 802 Interpretations Relating to Part 803 Interpretations Relating to the Notification and Report Form Enforcement Actions Appendix: Formal Interpretations (1-17) Index

Like the first three editions, published in 1985, 1991, and 2003, this fourth edition of the Manual brings all pertinent materials completely up-to-date, incorporating the FTC Premerger Notification Office’s latest positions on the various issues, and adding summaries of interpretations relating to changes that have occurred in the HSR world since 2003, including the new rules, the Formal Interpretation on LLCs, and the amendments to the Act.

As in the first three editions, the summaries are organized by specific sections of the HSR Act and rules. Each numbered interpretation describes the issue and analysis and, in some cases, provides editorial comments on the issue and the interpretation. The interpretations are based upon guidance from the FTC staff, which administers the Act. This fourth edition also adds summaries of enforcement actions relating to HSR issues brought by the antitrust agencies.

1-800-285-2221

An extensive index enables you to locate relevant summaries quickly and easily. The appendix contains the text of all 17 of the FTC’s HSR Formal Interpretations. Premerger Notification Practice Manual, Fourth Edition is a unique and essential resource for antitrust and M&A practitioners, as well as corporate counsel. 2006 6 x 9 550 pages paper Product Code: 5030488 $154.00 AT Section Members $179.00 Regular Price

Joint Ventures: Antitrust Analysis of Collaborations Among Competitors

Mergers

Joint Ventures: Antitrust Analysis of Collaborations Among Competitors is the first book to provide a comprehensive analysis of antitrust joint venture law in the immediate aftermath of the Supreme Court’s landmark Dagher decision. It reviews antitrust principles applicable to joint ventures and other competitor collaborations, taking into account relevant statutory and case law as well as government guidelines and enforcement practices. Global competition and technological innovation over the past twenty years have dramatically changed how business is conducted. Those considering joint ventures – or competitor collaborations – must carefully consider antitrust ramifications when structuring their venture. Early planning assists in ensuring that the venture is structured to achieve procompetitive efficiencies and legitimate business objectives while reducing the possibility of an antitrust pitfall. Joint Ventures: Antitrust Analysis of Collaborations Among Competitors gives you the resources you need to effectively counsel clients on the antitrust risks involved in entering into a joint venture with actual or potential competitors. 2006 6 x 9 130 pages paper Product Code: 5030490 $74.00 AT Section Members $89.00 Regular Price

www.ambar.org/antitrust

Mergers

Premerger Coordination The Emerging Law of Gun Jumping and Information Exchange This is the first comprehensive and authoritative book to tackle one of the most complicated subjects facing antitrust practitioners – “gun-jumping.” Identifying the precise line between lawful premerger coordination and unlawful gun jumping under the relevant statutes can be challenging – in part because there is limited guidance available for counseling purposes.This volume provides both (1) the theoretical underpinnings for distinguishing lawful premerger coordination and unlawful gun jumping and (2) practical advice, drawing upon a variety of resources. Premerger Coordination has two parts. Part One provides an overview of black-letter law, to the extent it exists, and the enforcement agencies’ positions with respect to pre-consummation activities of the merging parties. It discusses the Hart-Scott-Rodino Act, Section 1 of the Sherman Act, and Section 5 of the FTC Act as they apply to premerger coordination. Subsequent chapters address remedies available to agencies in gun-jumping cases and enforcement actions in the United States. This is the first text that summarizes gun-jumping enforcement actions in key jurisdictions outside the United States. Part Two provides guidance on the types of practical issues that arise throughout the deal process, including premerger negotiation and integration planning through closing. These chapters pose and answer a series of frequently-raised issues that are organized to follow the chronology of the merger review process. This material serves as a quick reference guide that can be consulted easily with respect to specific issues.

1-800-285-2221

2006 6 x 9 400 pages paper Product Code: 5030466 $104.00 AT Section Members $124.00 Regular Price

New!

Price Discrimination Handbook Civil Litigation

The circumstances under which sellers can charge different prices to different customers, and customers can accept those prices, continue to raise serious compliance issues, and generate litigation under the federal Robinson-Patman Act, various state statutes in the United States, and, increasingly, under the competition laws in jurisdictions located throughout the world. This informative handbook is the first major publication dedicated solely to price discrimination issues in over 20 years. The book provides a detailed review of federal and state price discrimination laws, as well as an overview of price discrimination law in the European Union, selected EU member countries, China, India, Brazil, and a number of other jurisdictions throughout the globe. The Price Discrimination Handbook is intended to be a comprehensive resource regarding price discrimination law in the United States and in jurisdictions located throughout the world, and is addressed both to practitioners who spend significant time on price discrimination issues as well as the general practitioner seeking guidance on these issues. This handbook contains some of the most important information on compliance with price discrimination laws in a single reference that can be used to evaluate pricing programs and policies that affect U.S. interstate commerce, apply in a single U.S. state, or that raise potential issues in one or more foreign jurisdictions. The handbook is divided into four chapters. Chapter I provides an overview of the theory and purposes of price discrimination laws. Chapter II provides an in-depth discussion of the Robinson-Patman Act (RPA), the principal federal price discrimination law.

Chapter IV explores price discrimination laws in other countries in the Americas, Asia, Europe, and Africa. 2012 6 x 9 306 pages paper Product Code: 5030597 $129.00 AT Section Members $159.00 Regular Price

足9

www.ambar.org/antitrust

Chapter III explores the various approaches to price discrimination law among the states, which vary in their focus. The chapter also discusses state price discrimination laws that apply to particular industries, including motor vehicle and motor fuel sales, dairy and other agricultural products, and alcoholic beverages, and discusses who may enforce the various state price discrimination laws.

New!

Antitrust Discovery Handbook

Civil Litigation

Third Edition

The Antitrust Discovery Handbook provides a comprehensive resource regarding discovery in private antitrust suits within the United States. The handbook is addressed both to practitioners who spend significant time counseling clients and litigating discovery issues in antitrust suits, as well as to the general practitioner seeking guidance on these issues. This edition provides three brand new chapters: Strategic Considerations for Multidistrict Litigation, Obtaining Documents and Testimony Presented before a Grand Jury, and Foreign Discovery Issues. In addition, the earlier chapters have been updated to include recent amendments to the Federal Rules of Civil Procedure and the Federal Rules of Evidence. In particular, the chapter on electronic discovery has been substantially updated to reflect recent trends in the applicable caselaw, as well as the explosion of newer forms of communication, such as instant messages and text messages.

1-800-285-2221

2013 6 x 9 208 pages paper Product Code: 5030604 $129.00 AT Section Members $159.00 Regular Price

足10

Market Definition in Antitrust:Theory and Case Studies Civil Litigation

Market Definition in Antitrust: Issues and Case Studies provides a comprehensive analysis of the issues involved in defining markets in antitrust cases. Market definition is central to most antitrust cases, because determining the existence of market power typically requires the definition of a relevant market. This book will prove a valuable guide to antitrust practitioners and consulting economists who are dealing with market definition. This book is a thorough and accessible single volume practical guide to the definition of relevant markets and to empirical techniques that have been used in a variety of industries. The first chapter provides an overview of the theoretical concept of a relevant market. The remaining chapters provide industry-specific illustrations of how markets are defined in different contexts. The economic and legal analysis of product market definition has advanced significantly past the simple tests that were put forth in the Supreme Courtâ&#x20AC;&#x2122;s 1962 decision in Brown Shoe Co. v. United States. Similarly, the analysis of geographic markets has come to recognize the limitations of the tests that focus exclusively on shipment patterns. Data limitations and institutional considerations mean that there is no cookiecutter approach to market definition that can be applied in all contexts. This book describes modern methods of market definition and analyzes their application in actual cases. 2012 6 x 9 295 pages paper Product Code: 5030586 $199.00 AT Section Members $249.00 Regular Price

www.ambar.org/antitrust

Â11

Civil Litigation

Market Power Handbook: Competition Law and Economic Foundations Second Edition Since the publication of the first edition in 2005, questions of how to define and prove market power have continued to be at the forefront of antitrust issues considered in both merger and conduct investigations. Like the first edition, the second edition of the Market Power Handbook provides a comprehensive review of the legal and economic issues that arise in relation to the core antitrust concept of market power. It is designed to serve as a nontechnical resource rather than an economic text, but nonetheless provides an introduction to and summary of the economic concepts that are critical to an understanding of market power. The handbook begins with the definition of market power and an introduction to the role market power plays in plays in cases brought under the principal antitrust statutes. Following chapters discuss the fundamental economic doctrines related to market power, the role of market power in market definition, and the measurement and interpretation of market shares and market concentration. The handbook concludes with chapters discussing the characteristics of markets (such as differentiated products and barriers to entry) that affect the ability of firms to attain or exercise market power. Included in the handbook are extensive discussions of issues such as the determination of whether market power exists in narrow product markets (often referred to as “submarkets”), the use of market power screens, “lock in” as a source of market power, and the analysis of market power in network markets. The second edition is updated to include discussions of the new 2010 Merger Guidelines and reflect the latest case law involving the issue of market power.

1-800-285-2221

2012 6 x 9 250 pages paper Product Code: 5030577 $129.00 AT Section Members $159.00 Regular Price

Second Edition Since its enactment in 1970, the federal RICO statute has generated thousands of published opinions, hundreds of law review articles, and at least a dozen treatises and specialized publications. In addition, the enactment of RICObased statutes by 33 states, the Commonwealth of Puerto Rico, and the Territory of the United States Virgin Islands has complicated matter further.

Civil Litigation

RICO State By State: A Guide to Litigation under the State Racketeering Statutes

This fully updated edition is a comprehensive new collection and analysis of state RICO statutes and case law current through at least September 30, 2010. This edition sets forth the statutes and caselaw in each of the 33 states, as well as the Commonwealth of Puerto Rico and the Territory of the Virgin Islands, which have enacted statutes based upon the federal Racketeering Influenced and Corrupt Organizations (RICO) statute. First the book provides an overview that is followed by a specific chapter for each jurisdiction. The chapters are organized around familiar principles applicable to RICO litigation, in order to reflect the similarities and differences of each jurisdiction’s statutory scheme and caselaw. The federal RICO statute is reproduced at the end of chapter 1, and each jurisdiction’s statute is reproduced at the end of its respective chapter. The book also includes unpublished opinions that provide additional insight into the analysis utilized by various courts. 2011 6 x 9 1,372 pages paper Product Code: 5030579 $199.00 AT Section Members $249.00 Regular Price

www.ambar.org/antitrust

DOJ Civil Antitrust Practice and Procedure Manual Civil Litigation

The DOJ Civil Antitrust Practice and Procedure Manual is the first book to comprehensively examine the process and procedures governing civil antitrust enforcement and policy making by the Antitrust Division of the Department of Justice. It provides a framework for understanding the process and procedures the Antitrust Division employs in conducting its investigations, deciding whether to bring an enforcement action, advocating for competition, and formulating guidance to the antitrust community. This manual is intended to provide practical guidance to lawyers and companies that are involved in antitrust investigations, and litigation with the Antitrust Division. It addresses such topics as the organization of the Antitrust Division, clearance with the Federal Trade Commission, options available to those served with a civil investigative demand, merger and conduct investigations, and Tunney Act procedures.

1-800-285-2221

In thirteen in-depth chapters, the manual examines the following topics: •

The history and organization of the Antitrust Division

•

Civil investigations, including clearance with the FTC and initiating and conducting preliminary investigations

•

The Division’s use of civil investigative demands under the Antitrust Civil Process Act

•

Merger investigations at the Division

•

Investigations, including the procedures the Division uses in recommending to close an investigation or pursue litigation

•

The confidentiality of information provided to the Antitrust Division

•

The Division’s litigation of merger and non-merger cases

•

The Division’s use of consent decrees

•

Non-prosecutorial activities, including the issuance of guidelines, business review letters, review of accountable care organizations, competition advocacy, amicus brief writing, and interactions with Congress

•

Interaction with State Attorneys General and the various related agreements and procedures that accompany that interaction

•

The Division’s international program, including the bilateral relationships the Division has with other countries and its participation in international antitrust organizations.

2012 6 x 9 295 pages paper Product Code: 5030592 $129.00 AT Section Members $159.00 Regular Price

Antitrust Class Actions Handbook Civil Litigation

Ninety percent of U.S. antitrust enforcement is generated through private actions, and the class action is a primary mechanism through which private actors seek to enforce the antitrust laws. Antitrust class actions have been subject to significantly increased focus and scrutiny, particularly over the last decade, in light of the large numbers of class actions that followed on significant government cartel prosecutions during that time period. With this increased focus, class action law and procedure are becoming an unavoidable fact of life for antitrust practitioners. This first edition of the Antitrust Class Actions Handbook will be a vital reference for both new and experienced antitrust practitioners navigating the class action thicket. The book is intended as a comprehensive discussion of the issues that arise before, during, and after the filing of an antitrust class action. It considers the issues and challenges faced by both plaintiffs and defendants to such actions, and focuses on both the evolving legal standards as well as the strategic decisions that guide these highly complex cases. The eight chapters in this handbook cover a range of issues: Chapter 1 provides an introduction to the development of class actions and future trends.

••

Chapter 2 gives an overview on considerations in deciding to file a class action.

••

Chapter 3 discusses the treatment of different kinds of antitrust claims in the class action context.

••

Chapter 4 examines strategic considerations in deciding whether to opt out of a class action.

••

Chapter 5 contains an in-depth discussion of class certification procedure.

••

Chapter 6 addresses the standard for certifying an antitrust class action.

••

Chapter 7 discusses the role of experts in antitrust class certification.

••

Chapter 8 considers strategic issues involved in the settlement of antitrust class actions.

2010 6 x 9 220 pages paper Product Code: 5030544 $129.00 AT Section Members $159.00 Regular Price

www.ambar.org/antitrust

••

State Action Practice Manual Civil Litigation

Second Edition This second edition of the State Action Practice Manual, like the first edition published in 2000, continues to be the most comprehensive published source of information and guidance concerning the state action doctrine. This book addresses not only the historical development and theoretical underpinnings of the state action doctrine, but also many practical considerations that arise in the application of the doctrine, including pleading and procedural issues and strategy and the role of discovery and expert testimony in cases applying the state action doctrine. In addition to the various topics addressed in the first edition, this second edition explores recurring policy issues encountered in the application of the doctrine, as well as questions and case law specific to important industries such as health care, energy, and transportation. The State Action Practice Manual is an important source of information on the state action doctrine for a wide range of antitrust practitioners representing clients that are subject to state regulation and thus may be protected from federal antitrust liability under the doctrine. For practitioners who do not specialize in antitrust, the manual provides an accessible source of guidance on the state action doctrine. This manual will also be of interest to practitioners at the federal and state antitrust enforcement agencies.

1-800-285-2221

2010 6 x 9 192 pages paper Product Code: 5030548 $129.00 AT Section Members $159.00 Regular Price

Proof of Conspiracy under Federal Antitrust Laws

Proving an agreement under the requirements of the antitrust laws can be complicated. Agreements may take many forms. They may be express or implied, formal or informal, concrete or flexible, simple or complex, written, spoken, or even entered with a “wink of the eye.” This book presents simple and understandable guidance that sets forth the current state of the law for proving such agreements.

Civil Litigation

Every case brought under Section 1 of the Sherman Act requires proof of an agreement, and Proof of Conspiracy under Federal Antitrust Laws is certain to become a required reference for antitrust practitioners.

Proof of Conspiracy under Federal Antitrust Laws discusses the use of direct and indirect evidence to get at the heart of what constitutes an agreement—or as the Supreme Court has termed it a “conscious commitment to a common scheme”—at every stage in litigation. The book includes a careful analysis of the dramatic changes the U.S. Supreme Court has made to antitrust law in recent years, including recent cases law on pleading standards on motions to dismiss. It also presents a circuit-by-circuit exposition of summary judgment standards and a thorough review of the uses of economic experts and their testimony. It will be a ready reference for young attorneys writing their first antitrust complaint, or the wise practitioner refreshing their memory before arguing a motion for summary judgment.

2010 6 x 9 311 pages paper Product Code: 5030560 $129.00 AT Section Members $159.00 Regular Price

www.ambar.org/antitrust

The nine chapters in Proof of Conspiracy under Federal Antitrust Laws cover the following topics: •• Chapter I examines the congressional intent behind Section 1 of the Sherman Act and early Supreme Court glosses on the text of that statute. •• Chapter II examines the fundamental question of what constitutes an agreement. •• Chapter III examines basic issues proving an agreement, either through direct evidence or indirect evidence, such as showing consciously parallel behavior coupled with “plus” factors. •• Chapter IV discusses special issues of proof, including how the Federal Rules of Evidence handle coconspirator statements, the invocation of the Fifth Amendment right against self-incrimination, participation in the Department of Justice Antitrust Division’s leniency program, and the effect of guilty pleas. •• Chapter V addresses proof relating to specific types of agreements, including intra-firm agreements and collaborative ventures. •• Chapter VI analyze the Supreme Court’s recently revised motions to dismiss standard. •• Chapter VII looks at another critical procedural juncture in antitrust cases: motions for summary judgment. •• Chapter VIII examines more generally how economic expert evidence may be used in proving an agreement. •• Chapter IX concludes with a practical look at a trial of an antitrust conspiracy case.

Proving Antitrust Damages: Legal and Economic Issues Civil Litigation

Second Edition

Like its predecessor, Proving Antitrust Damages: Legal and Economic Issues Second Edition is an accessible introduction to the legal and economic concepts of antitrust damages for use by counsel who may be new to the area. To serve more experienced antitrust practitioners, the second edition has been completely updated to capture the most important developments in this area and represents the most authoritative and comprehensive resource on the subject of antitrust damages. The second edition also features expanded economic content that addresses the economic principles underlying the measurement of damages. Written by economists, this content provides counsel with a deeper understanding of the relevant economic issues in a way accessible to those without formal economic training. Proving Antitrust Damages is organized into three parts: •

Chapters 1-4 guide counsel through the legal requirements that a plaintiff must satisfy in order to establish a right to recover damages in an antitrust private action;

•

Chapters 5 and 6 identify the economic concepts that are used in calculating damages and describe the econometric analyses that are used to differentiate the effects of anticompetitive conduct from other influences; and

•

Chapters 7-9 discuss commonly arising issues associated with estimating damages related to: •

overcharges, which are commonly asserted by customers in price fixing cases under Section 1 of the Sherman Act, and less frequently in monopolization cases under Section 2 of the Sherman Act;

•

lost profits, which are alleged by competitors generally in the context of exclusionary conduct cases; and

•

price discrimination under the Robinson-Patman Act.

1-800-285-2221

2010 6 x 9 308 pages paper Product Code: 5030545 $129.00 AT Section Members $159.00 Regular Price

The Noerr-Pennington Doctrine (Monograph 25)

This monograph considers the law and policy issues surrounding petitioning immunity, commonly referred to as the Noerr-Pennington doctrine, which exempts from antitrust liability genuine efforts by private parties to influence government action. The Supreme Court has been silent on the Noerr-Pennington doctrine since the early â&#x20AC;&#x2122;90s, but the law has continued to develop, new issues have come to the forefront, and this monograph will contribute to your understanding of this fascinating and challenging area of antitrust law.

Civil Litigation

Another in the ABA Section of Antitrust Law Monograph series, this book focuses on public policy issues that arise from the antitrust treatment of efforts to petition government or influence government toward anticompetitive action, including petitioning efforts that are themselves collective or anticompetitive.

2009 6 x 9 128 pages paper Product Code: 5030536 $99.00 AT Section Members $139.00 Regular Price

www.ambar.org/antitrust

Â19

Civil Litigation

Indirect Purchaser Litigation Handbook In 1977, the U.S. Supreme Court decided in Illinois Brick that “indirect purchasers,” that is, purchasers who do not buy directly from the alleged coconspirators, may not sue under federal law. In the decades since that decision, courts, legislatures, practitioners, academics, and the ABA itself all have struggled with the ramifications of this decision. This handbook seeks to explain both the framework for indirect purchaser claims and the issues that commonly arise in indirect purchaser litigation. The book begins with an analysis of the Illinois Brick decision, along with the federal, state, and scholarly responses. Then, it considers questions of liability and standing for indirect purchaser claims and reviews procedural aspects of indirect purchaser litigation— jurisdiction, discovery, case management, and class certification issues. It also addresses the financial aspects—damages and settlements. Finally, the book takes a look northward to seek lessons from Canada’s somewhat different experience with indirect purchaser claims. This handbook takes no position on whether Illinois Brick was rightly decided or whether the benefits of indirect purchaser litigation are worth its costs. Rather, the Indirect Purchaser Litigation Handbook is intended as a guide for practitioners and courts, working in the world as it is today. The book also describes the different states’ reactions to the U.S. Supreme Court’s Illinois Brick decision.

1-800-285-2221

2007 6 x 9 370 pages paper Product Code: 5030506 $124.00 AT Section Members $159.00 Regular Price

Econometrics: Legal, Practical, and Technical Issues

Valuable appendices apply some of the theories presented earlier in a series of case studies and explain in more detail many of the econometric terms and methods used elsewhere in the volume.

Civil Litigation

The economist expert has become a central figure in virtually every antitrust litigation or merger matter, and the importance of econometrics has increased significantly. Econometrics: Legal, Practical, and Technical Issues introduces lawyers to the theoretical and practical issues of econometrics, providing necessary tools for working effectively with economist experts on both sides of a matter.

Econometrics introduces you to legal, practical, and technical issues in econometrics so that you can better understand the econometric analyses performed by your adversary or your own expert. This information helps you present these issues to courts and agencies more effectively. 2005 6 x 9 520 pages paper Product Code: 5030461 $124.00 AT Section Members $149.00 Regular Price

Model Jury Instructions in Civil Antitrust Cases 2005 Edition

Model Jury Instructions includes model instructions for all of the more significant causes of action, defenses, and other issues that have particular application to civil antitrust litigation and that involve issues likely to be presented to the jury for resolution. These model instructions cover causes of action under Sections 1 and 2 of the Sherman Act, Section 3 of the Clayton Act, and the RobinsonPatman Act. Also covered are common issues raised in patent antitrust. 2005 6 x 9 502 pages paper Product Code: 5030463 $124.00 AT Section Members $139.00 Regular Price

Â21

www.ambar.org/antitrust

These model jury instructions are the latest in the series that started with the Sectionâ&#x20AC;&#x2122;s sample jury instructions that were first published in 1987 and then updated twice in the 1990s. Each instruction in the current edition received a fresh look, and this volume offers, to the greatest extent possible, definitive instructions on the law; presents balanced instructions that are intended to be acceptable to plaintiffs and defendants alike; and provides instructions written in a way that juries would find helpful and informative.

Antitrust Evidence Handbook Civil Litigation

Second Edition

While antitrust litigation is like other litigation in many ways, it also is unique in other respects. The Antitrust Evidence Handbook, Second Edition provides practitioners with a quick reference source on evidentiary issues that arise principally, although not exclusively, in antitrust cases. This edition updates the original handbook published in 1991 but retains the user-friendly organization and format of the original version. It also incorporates the latest statutory and case law developments in the evidence field. The most significant development in antitrust evidence in the last decade has been the treatment of expert testimony under Daubert and its progeny, and the chapter devoted to experts has been completely rewritten to take account of these changes. Organized in outline form so topics can be located quickly and easily, this volume is published in a format that can be carried handily by counsel to court or depositions. Anyone involved in antitrust litigation will continue to find the handbook to be a useful reference tool. 2002 6 x 9 320 pages paper Product Code: 5030392 $99.00 AT Section Members $114.00 Regular Price

The Rule of Reason (Monograph 23)

1-800-285-2221

Eight decades after the Chicago Board of Trade v. U.S. decision, the reasonableness standard remains the core principle of antitrust analysis. While proposals to streamline the rule of reason analysis abound, the most compelling question is whether any of these proposals will gain widespread acceptance. This guide examines the basic analytical approaches used to evaluate potential anti-competitive conduct and the ongoing debate over their effectiveness and effici-ency. The monograph traces the development of rule of reason analysis from early decisions through recent cases. It concludes with an extended discussion of the key ingredients of the rule of reason mix: anti-competitive effects and market power, efficiency justifications, and the wide variety of methods proposed to try and balance them. 1999 6 x 9 196 pages paper Product Code: 5030342 $39.95 AT Section Members $49.95 Regular Price

足22

The Right Against Self-Incrimination in Civil Litigation Civil Litigation

This book analyzes the application of the constitutional right against self-incrimination to civil litigation. With the continued growth of regulatory structures that allow for civil, criminal, and administrative liability—often for essentially the same conduct—and the proliferation of civil forfeiture proceedings that can precede, accompany, or follow a criminal prosecution, the importance of these decisions continues to increase. Counsel for parties and nonparty witnesses must continually grapple with decisions regarding whether to advise individuals to invoke their right against self-incrimination, and counsel for organizations must understand the implications of those invocations for their clients as well. 2001 6 x 9 171 pages paper Product Code: 5030402 $69.95 AT Section Members $79.95 Regular Price

Punitive Damages and Business Torts A Practitioner’s Handbook

1998 6 x 9 218 pages paper Product Code: 5030313 $74.00 AT Section Members $89.00 Regular Price

www.ambar.org/antitrust

The linking of antitrust and business tort claims in a single action has become an unavoidable fact of business litigation, and the practical aspects of combining punitive damages and business torts remain highly complex. This handbook offers practitioners and judges authoritative guidance on the issues of punitive damages and their role in commercial litigation. Clear, concise coverage includes claims for which punitive damages are recoverable, standards for imposing damages, how to use expert testimony effectively, standards for post-trial and appellate review, and how awards and payments are computed.

Criminal Enforcement

Model Jury Instructions in Criminal Antitrust Cases In recent decades, the profile of criminal antitrust matters has changed dramatically. In many ways, this area of antitrust practice has changed more than any other. The U.S. Department of Justice Antitrust Division’s revised Corporate Leniency Program, the landmark lysine and vitamins conspiracy prosecutions, the globalization of cartel enforcement, and the increases in criminal penalties have transformed criminal antitrust practice. This practical book provides guidance regarding jury instructions in criminal antitrust cases for juries sitting in judgment in antitrust trials of all types. The instructions in the book are presented in concise and readily understandable language and organized in the same order in which a court presiding over a criminal antitrust jury trial would likely give them. Thus, this book includes both general and antitrust specific instructions, instructions that are appropriate just prior to the admission of the evidence, and those for the close of the case. The book also includes explanatory commentary and references to supporting case law and model jury instructions in a variety of circuits. The book covers the trial from start to finish, including instructions for multidefendant/multicount antitrust cases; Sherman Act offences, including price fixing, bid rigging, horizontal allocations and more. In addition, specific issue instructions are covered in detail, including timing and responsibility issues. Witness instructions are also covered featuring material on handling testimony of coconspirators, plea agreements, expert and immunized witnesses, character evidence, and more. In addition, you’ll find information on presenting evidence preceding the charge period, other crimes evidence, handling tape recorded transcripts, and much more. This book presents a complete treatment of model jury instructions in the complex area of criminal antitrust law. The level of detail found in this book will allow antitrust practitioners and courts across the country to rely on this handbook, and be well instructed of the intricacies of this important area.

1-800-285-2221

2009 6 x 9 180 pages paper Product Code: 5030530 $129.00 AT Section Members $159.00 Regular Price

How do I get the Antitrust Section member price? Join the Section of Antitrust Law! Section membership offers you access to our numerous publications and programs, as well as the opportunity to participate in ongoing dialogue with the antitrust enforcement agencies and the work of our committees. Each member receives the Antitrust Magazine and Antitrust Law Journal three times per year as well as the online Antitrust Source and list serves. You also will receive the discounts on our publications and programs. For more information or to join, visit our web site at www.americanbar.org/antitrust or call 1-800-285-2221.

Second Edition

Criminal antitrust enforcement has become the highest priority of the Antitrust Division of the U.S. Department of Justice, and this completely revised and updated Second Edition of the Criminal Antitrust Litigation Handbook reflects this resurgence in criminal enforcement and litigation. The handbook addresses the criminal litigation process in detail beginning with the initial criminal charge and continuing through trial, sentencing, and appeal. Together with Handbook on Antitrust Grand Jury Investigations, Third Edition and Summary of Contents Sentencing Guidelines in Antitrust, the Chapter I—Indictments and practitioner is afforded a comprehensive Informations treatment of the criminal antitrust process Chapter II—Representation from investigation through prosecution Issues and penalty. Chapter III—Speedy Trial Act Criminal Antitrust Litigation Handbook, Second Edition outlines the law that governs each phase of the criminal litigation process. The handbook reflects the combined knowledge, experience, and judgment of a significant group of prominent and successful government prosecutors and defense counsel in addressing procedure and strategy as well as all relevant legal requirements. The book imparts many practical insights that have been gained after lengthy personal experience “in the trenches.” The handbook addresses four distinct phases of the criminal process: •• issues often confronted at the commence ment of a criminal case, including the return of the charge and arraignment, representation of defendants, and potential plea negotiations; •• criminal discovery rules and process; •• trial-related issues, including important steps in pre-trial preparation, formulation of jury instructions, and assessment of potentially available post-trial motions; and •• the sentencing process and appeal. Criminal Antitrust Litigation Handbook, Second Edition is a unique resource for lawyers who prosecute antitrust offenses, those who represent corporate and individual defendants, and those who counsel clients on the methods and virtues of compliance. 2006 6 x 9 565 pages paper Product Code: 5030483 $99.00 AT Section Members $114.00 Regular Price

www.ambar.org/antitrust

Chapter IV—Early Proceedings: Arraignment, Bail, Pleas, and Scheduling Chapter V—Plea Bargaining Chapter VI—Bill of Particulars Chapter VII—Discovery Authorized by Federal Criminal Rule 16 Chapter VIII—Disclosure of Exculpatory Evidence Chapter IX—Other Forms of Available “Discovery” Chapter X—Tactical NonDiscovery Pretrial Practice Chapter XI—Special Problems of the Criminal Antitrust Trial Chapter XII—Non-Sherman Act Crimes Chapter XIII—Preparing for the Jury Trial Chapter XIV—Jury Instructions Chapter XV—Motions at the Close of the Evidence and Post-Trial Proceedings Chapter XVI—Sentencing Chapter XVII—Appeal and Other Review

Criminal Enforcement

Criminal Antitrust Litigation Handbook

Criminal Enforcement

Handbook on Antitrust Grand Jury Investigations Third Edition With the advent of the Sentencing Guidelines for individuals in 1989 and corporations in 1991, and the application of alternative sentencing provisions of the United States Code, the possibility of longer jail terms (up to three years) and large fines (up to $500 million) has raised the profile of criminal antitrust enforcement. The third edition of the Handbook on Antitrust Grand Jury Investigations updates and expands substantially the second edition published in 1988 to reflect the changes in the investigation and enforcement of criminal antitrust violations. Focusing on the process and procedures involved in a criminal investigation, this volume analyzes the legal and practical issues arising in grand jury investigations that face a company or an individual caught in the throes of such an investigation. Counsel are offered a comprehensive discussion of the possible issues that may arise in a grand jury investigation. Current investigation methods are described, potential defenses are identified, and international issues are summarized. Moreover, this edition also provides cross-references to other sources of guidance for problems that may arise in the course of a criminal investigation. Each chapter is designed to be relatively self-contained, as not every issue arises in every grand jury investigation.

1-800-285-2221

2002 6 x 9 419 pages paper Product Code: 5030388 $99.00 AT Section Members $114.00 Regular Price

足26

This book provides a review of the application of the antitrust and competition laws of 19 leading jurisdictions around the world to common issues arising in patent, copyright and trademark licensing agreements. The volume is intended to serve as a comprehensive overview for those seeking to understand how various jurisdictions approach the intersection of intellectual property and competition law as well as a practical reference guide for practitioners and corporate counsel dealing with specific licensing issues in individual jurisdictions or in global licensing agreements.

i or nc ae lm e n t C r i mI inntael r En na tf o

Antitrust Issues in International Intellectual Property Licensing Transactions

The volume results from extensive work by leading antitrust and intellectual property experts in the United States, Canada, Argentina, Brazil, the European Union and six individual European countries, Israel, South Africa, China, Japan, Korea, Taiwan, Australia, and New Zealand. Each chapter begins with a brief overview of the jurisdictionâ&#x20AC;&#x2122;s antitrust or competition laws and intellectual property laws. The main section of each chapter analyzes the application of the jurisdictionâ&#x20AC;&#x2122;s antitrust or competition law to IP licensing issues. Each chapter is organized according to a series of topics that frequently arise in the context of licensing of intellectual property in order to facilitate country-to-country comparisons and location of precedent relevant to a particular issue.

2012 6 x 9 300 pages paper Product Code: 5030578 $129.00 AT Section Members $159.00 Regular Price

Â27

www.ambar.org/antitrust

Each discussion begins with general topics, including safe harbor provisions and refusals to license intellectual property. Each chapter focuses on common restraints in unidirectional license agreements, including exclusive licenses, royalty provisions, price restrictions, field of use, territorial and customer limitations, tying and bundling arrangements, restrictions on research and development, grantback obligations and no-challenge provisions. Each chapter also covers restraints accompanying mutual or multilateral licensing arrangements, including provisions in cross-licensing agreements and patent pooling arrangements. Each chapter contains discussion of and citations to relevant statutes and regulations, court judgments, administrative decisions, agency guidelines and academic writings. This volume is truly unprecedented in its scope of coverage of the application of competition laws to intellectual property licensing arrangements around the world and will be a key resource for both antitrust and intellectual property practitioners in the field.

Competition Laws outside the United States International

Second Edition

Competition Laws outside the United States, Second Edition is the premier English-language treatise providing in-depth coverage of over 15 leading competition regimes worldwide with which U.S. business trades with extensively. Substantive areas covered include merger control, cartel enforcement, treatment of horizontal and vertical restraints, abuse of dominance, unfair trade practices, judicial procedure, and enforcement agency structure and operations.

The new edition provides substantially greater depth and breadth of coverage than the prior edition and supplement, including an increased focus on intellectual property issues and amnesty and leniency programs. The new edition also will have increased global coverage, including China, Korea, Russia, and Spain. Each chapter has been authored by leading competition law practitioners from their respective jurisdictions. Each country or jurisdiction is discussed in its own chapter with a similar structure for ease of use. The new two-volume edition will provide a complete revision of the prior edition and supplement, which were published in 2001 and 2005, respectively.

1-800-285-2221

2010 8-1/2 x 11 2 volumes 2,000 pages hardcover Product Code: 5030557 $299.00 AT Section Members $349.00 Regular Price

Obtaining Discovery Abroad Second Edition

International

The steep rise in U.S. litigation involving foreign parties or overseas conduct has increased the frequency of the need to collect evidence located outside the United States. Antitrust litigation has been at the forefront of this globalizing trend. In cases involving parties or witnesses located outside the United States, the ability to successfully collect evidence in foreign jurisdictions has become imperative. This expanded edition of Obtaining Discovery Abroad assists those involved in U.S. litigation in understanding the legal and practical steps for bringing evidence from a foreign jurisdiction back to the United States. Obtaining Discovery Abroad, Second Edition addresses the various methods of collecting evidence located outside the United States. The first two chapters of the book discuss the specific requirements and limitations that U.S. law imposes on the discovery process when the evidence is located abroad. The third chapter discusses the application of applicable international discovery treaties and conventions to which the United States is a signatory and that may need to be observed. Litigants collecting evidence located abroad also must consider the local law applicable to where the evidence is located. The last nine country-specific chapters of the book address the relevant law and procedures of Belgium, Canada, France, Germany, Italy, Japan, the Netherlands, Switzerland, and the United Kingdom. 2005 6 x 9 361 pages paper Product Code: 5030467 $109.00 AT Section Members $124.00 Regular Price

www.ambar.org/antitrust

足29

International

International Antitrust Cooperation Handbook This book focuses on the increasingly important topic of cooperation among the world’s antitrust authorities. The subject is particularly important as the prevalence of multi-jurisdictional merger investigations grows and the antitrust enforcement authorities of the world place greater emphasis on the investigation and prosecution of international cartels. As antitrust matters have gone ever more global, antitrust enforcement authorities increasingly have touted the network of informal and formal cooperation among the world’s antitrust authorities as a valuable tool for enhancing enforcement capabilities. Because enhanced enforcement has ramifications for all parties involved in an antitrust matter, knowing the particular ways in which cooperation may affect a given matter is particularly relevant.

1-800-285-2221

2004 6 x 9 795 pages paper Product Code: 5030436 $124.00 AT Section Members $149.00 Regular Price

New!

Frequently Asked Antitrust Questions Second Edition

Counseling

Frequently Asked Antitrust Questions is a tremendous resource for practitioners who need quick, plain-language answers to questions that arise every day for every business. The book is useful both for the non-expert who needs easy access to the basic rules of the road and lawyers with significant experience in antitrust law who need to respond quickly and efficiently to questions from clients. This revision includes two new chapters addressing emerging issues in the areas of intellectual property and antitrust compliance. The prior editionâ&#x20AC;&#x2122;s discussion of trade associations has also been expanded and now makes up its own chapter. Other chapters also contain expanded material, including additional references and footnotes for practitioners who need to delve deeper into specific issues. Expanded topics include: communications with competitors, dealing with antitrust authorities in the United States and abroad, the Robinson-Patman Act and other pricing issues, and vertical arrangements between customers and suppliers. Even with this increased content, however, Frequently Asked Antitrust Questions remains a user-friendly and unique go-to resource for attorneys of all experience levels. 2013 6 x 9 234 pages paper Product Code: 5030602 $99.00 AT Section Members $129.00 Regular Price

www.ambar.org/antitrust

Â31

Second Edition

s CDde

Lawyers advising corporate clients – whether they be outside or in-house counsel – are under constant pressure to ensure that their clients are well-informed about the antitrust laws and how to comply with them. With a new administration vowing to increase enforcement, a carefully planned and well-executed compliance program is essential to minimize risk for corporate clients.

M RO

This second edition of Antitrust Compliance contains new and updated chapters to aid outside and in-house counsel charged with developing or updating their clients’ antitrust compliance program. It provides detailed essays exploring specific compliance issues from the perspective of experienced practitioners and antitrust compliance manuals, presentations and other materials that can be customized for use in actual corporate employee training situations. This publication includes a CD-ROM containing most of the compliance presentations and other resources for ease in adapting that information to your specific circumstances.

Inclu

C r i m iC n aolu En ns ef ol irncge m e n t

Antitrust Compliance: Perspectives and Resources for Corporate Counselors

1-800-285-2221

2010 8-1/2 x 11 w/ CD-ROM 225 pages paper Product Code: 5030553 $179.00 AT Section Members $199.00 Regular Price

The Interlocking Directorates Handbook on Section 8 of the Clayton Act provides history, background, and practical guidance on the application of Section 8 of the Clayton Act, which regulates “corporate interlocks”—where two competing corporations share one or more directors in common. The handbook provides a concise history of Section 8, discusses common procedural issues that arise in litigation involving Section 8 claims, summarizes the interplay between Section 8 and other regulatory schemes, and finally, discusses practical guidance and common pitfalls for practitioners.

C r i m iC n aolu En ns ef ol irncge m e n t

Interlocking Directorates Handbook

Today, Section 8 is an important issue to the modern corporation. Indeed, with the increased activity of private investment funds, many of which take multiple board seats in addition to their equity positions, Section 8 issues have become more widespread. In addition, as technology companies expand their product reaches into new areas, companies that previously did not compete have been confronted with Section 8 issues. This handbook will serve as a useful reference to any antitrust practitioners advising corporations and investment funds. 2011 6 x 9 112 pages paper Product Code: 5030546 $99.00 AT Section Members $139.00 Regular Price

w w w . a mwewr w i c. aa nmbbaarr. .oorrgg/ /aannt ti it trruus st t. html

Franchise and Dealership Termination Handbook

Counseling

Second Edition

The Franchise and Dealership Termination Handbook provides practical guidance for lawyers as they counsel their clients and navigate the difficult issues that often arise when a franchise or dealership ends. Termination is often the last thing parties consider when they first enter into a franchise or dealership relationship, but it is a critical event for all parties involved, and can give rise to significant duties and liabilities. A thorough understanding of the contractual relationship between the parties, and the common law and statutory landscape of franchise and dealership termination, is critical to protecting the rights and interests of all involved. This book explains what a termination involves, the steps involved in that process, and how counsel can protect their clientsâ&#x20AC;&#x2122; respective rights and interests. Issues covered include: how to prepare for a termination; statutory limits on termination rights; alternatives to termination; litigation and alternative dispute resolution; frequent counterclaims; antitrust claims in the termination context; post-termination covenants not to compete; and posttermination trademark and trade secret infringement. The second edition of this immensely popular book has been fully updated to incorporate the latest developments in this complicated area of law, and will be an invaluable resource for specialists and generalists alike.

1-800-285-2221

2011 6 x 9 250 pages paper Product Code: 5030571 $129.00 AT Section Members $159.00 Regular Price

Â34

Handbook on Antitrust Aspects of Standard Setting Second Edition

Counseling

The second edition of the Handbook on the Antitrust Aspects of Standard Setting is intended to help lawyers, judges, and academics navigate the increasingly complex intersection between industry standards and antitrust law. In the years following the publication of the First edition of the handbook, the importance of standard setting, its prevalence, and its geographical scope have only increased. This second edition not only updates the prior edition, but expands and develops on the antitrust constraints on standard setting and enforcement. In addition, due to the increasing importance of standard setting to intellectual property issues, the handbook expands on those issues and addresses them in a separate chapter. Finally, as standard setting becomes an increasingly international practice, the handbook now explores European competition issues in standard setting. Accordingly, the second edition updates and expands on the themes explored in its predecessor. 2011 6 x 9 304 pages paper Product Code: 5030570 $129.00 AT Section Members $159.00 Regular Price

Category Management Antitrust Handbook

The Category Management Antitrust Handbook delves into the antitrust and economic issues surrounding the practice, giving practitioners a background on the relevant antitrust issues, and providing insight and analysis of the antitrust pitfalls. An invaluable tool for any practitioner who counsels manufacturers or retailers, the Category Management Antitrust Handbook will be a key addition to your antitrust library. 2010 6 x 9 80 pages paper Product Code: 5030556 $89.00 AT Section Members $129.00 Regular Price

www.ambar.org/antitrust

Category management is a set of practices used by manufacturers and retailers throughout the country to manage related products from various manufacturers. The practice implicates a number of antitrust issues, such as joint conduct issues under Section 1, unilateral conduct issues under Section 2, distribution, pricing, and business torts, to name a few. Few retailing practices present a greater breadth of issues — and potential traps for the unwary — than category management.

Counseling

Antitrust Law and Economics of Product Distribution Antitrust Law and Economics of Product Distribution explores the economics of product distribution and examines whether the courts have formulated legal standards consistent with those economic principles â&#x20AC;&#x201D; focusing on the sale of goods through dealers, distributors, and franchisees. The analysis begins with a discussion of how manufacturers and other suppliers select methods for distribution of products, with particular emphasis on franchising and its economic underpinnings. Next to be addressed are resale pricing issues, from resale price maintenance to regulating price advertising. The third chapter is a general overview of the economics of vertical nonprice restraints and includes both economic analysis and empirical evidence. A discussion of customer and territorial restraints follows. Chapter V studies tying arrangements, with particular attention to tying claims raised in connection with franchising, and the next chapter considers exclusive dealing and incentives to induce exclusive dealing. The book concludes with a discussion of price discrimination and the Robinson-Patman Act. Appendices contain helpful information about state statutes limiting termination of dealers, distributors, and franchisees. Antitrust Law and Economics of Product Distribution represents the combined effort of lawyers and economists, and it reflects the ever-greater attention courts now pay to economic analysis as they apply the federal antitrust laws to distribution practices. This is a valuable resource both for attorneys counseling clients and for economists studying distribution issues and working with lawyers.

1-800-285-2221

2006 6 x 9 429 pages paper Product Code: 5030486 $119.00 AT Section Members $149.00 Regular Price

Â36

Antitrust Handbook for Franchise and Distribution Practitioners

Summary of Contents Foreword Preface Introduction Chapter I—The Antitrust Laws: An Overview Chapter II—Pricing Issues Chapter III—Territorial and Customer Restrictions Chapter IV—Exclusive Dealing and Exclusive Appointments Chapter V—Sourcing Restrictions and Vendor Rebates Chapter VI—Joint Action by Franchisees Table of Cases Index

Counseling

Franchising forms a major sector of the economy, and businesses engaged in selling goods and services through franchise systems routinely confront advertising, pricing, distribution, and other issues requiring an understanding of the antitrust laws. This important resource will give the practicing lawyer a detailed overview of the federal antitrust laws as they apply to franchising. Organized by issue—pricing and advertising, customer and territorial restrictions, exclusive dealing, purchasing constraints, and joint franchisee action— to enhance its usefulness to practitioners, this book will prove an invaluable aid to practitioners advising clients on antitrust issues involved in franchising, whether they are selling through a business format or product distribution franchise. Chapter I offers an introduction to and overview of the antitrust laws. Chapter II looks at pricing issues, from resale price maintenance, to cooperative advertising, to price discrimination. Chapter III considers territorial and customer restrictions. Chapter IV reviews exclusive dealing and exclusive appointments. Chapter V addresses tying issues and vendor rebates.

In addition, the application of antitrust law to business format franchises in particular has given rise to a specialized body of law within general antitrust jurisprudence to the extent, for example, franchisors have required franchisees to purchase from designated sources. Those developments are described in detail in this volume. 2008 6 x 9 250 pages paper Product Code: 5030510 $139.00 AT Section Members $169.00 Regular Price

www.ambar.org/antitrust

Chapter VI provides an overview of the antitrust law applicable to joint conduct by franchisees.

Counseling

Electronic Commerce: Antitrust and Consumer Protection in the Information Age (Monograph 26) The volume of transactions that are affected by, or are transacted entirely over, the Internet is growing and will continue to grow for the foreseeable future. The effect of e-commerce on markets is better understood now than when e-commerce exploded a decade ago. Electronic Commerce is meant to serve as a one-stop resource for high-technology lawyers who face antitrust and consumer protection issues in their practice. The book gathers and analyzes the key decisions and articles that address e-commerce. Separate chapters of the book address economics, market definition, mergers and acquisitions, intellectual property, information exchange, distribution, privacy, and advertising. Readers can use these chapters to spot issues and answer e-commerce-related questions with confidence.

1-800-285-2221

2011 6 x 9 300 pages paper Product Code: 5030549 $99.00 AT Section Members $139.00 Regular Price

足38

An Antitrust Guide for Trade Association Professionals and Members

Summary of Contents I. Introduction II. Antitrust Liability for Trade and Professional Associations III. The Antitrust Laws in Brief IV. Association Activities V. Avoiding Antitrust Problems at AssociationSponsored Activities VI. Summary and Guidelines References

Counseling

This primer is a tool for antitrust compliance that can be used by association professionals, managers, and staff, as well as the counsel who advise associations and the firms and individuals who participate in association activities. It helps association professionals and members identify the antitrust issues that typical association activities may present and offers general practical guidance for conducting association activities. Because the members of trade and professional associations typically are competitors, the varied activities that associations conduct are subject to close scrutiny under the laws regulating competition, marketing practices, and advertising. Anyone who participates in association activities or attends association meetings—whether an association member, executive, manager, or staff employee— must be highly sensitive to the antitrust risks involved in such participation and must adhere to safeguards designed to meet those risks. This primer offers an appreciation of the potential antitrust problems that associations and their members may confront and thus better equips them to conduct their businesses without running afoul the antitrust laws. It is not a substitute for legal advice but, rather, is offered as background to help spot issues so that advice may be sought from an experienced attorney.

Individual copies — Product Code: 5030429: 1-24 copies: $10.00 each AT Section Members $13.00 each Regular Price Packets of 25 — Product Code: 5030429P: 1-3 packets: $175.00 each AT Section Members $200.00 each Regular Price 4-6 packets: $125.00 each AT Section Members $143.75 each Regular Price 7+ packets: $100.00 each AT Section Members $118.75 each Regular Price

www.ambar.org/antitrust

2004 3-1/2 x 7 82 pages paper/saddlestitch

Counseling

The Section of Antitrust Law has developed a series of general guides to aid non-antitrust lawyers’ and business managers’ understanding of when and how the antitrust laws apply to various situations. They are written primarily to help business-persons understand the risks and comply with the law. The booklets are available singly and, at substantial discounts, in convenient packs of 25 copies each. 1-24 copies:

$7.00 each AT Section Members $10.00 each Regular Price

1 -3 packets of 25: $75.00 each AT Section Members $85.00 each Regular Price 4 -6 packets of 25: $64.00 each AT Section Members $74.00 each Regular Price 7 + packets of 25: $54.00 each AT Section Members $64.00 each Regular Price

A Primer on the Federal Price Discrimination Laws

A General Review of the Robinson-Patman Act for Business Managers,Third Edition Written to help businesspersons understand the Robinson-Patman Act, this primer explains in easy-to-understand terms the federal price discrimination laws; business activities that can expose a company to enforcement action—and the penalties under them; and how companies can achieve their objectives and remain in compliance. 2005 3-1/2 x 7 26 pages paper/saddlestitch Product Code: 5030465

A Primer on the Law of Mergers and Acquisitions

A General Review of the Antitrust Principles Governing Mergers and Acquisitions for Business Managers This primer provides a basic overview of the U.S. procedural and substantive requirements governing mergers and acquisitions. It is written primarily to make businesspersons aware of important factors that may significantly affect their proposed transactions. 2003 3-1/2 x 7 48 pages paper/saddlestitch Product Code: 5030410

A Primer on the Law of Joint Purchasing

1-800-285-2221

A General Review of Antitrust Law on the Formation and Operation of Joint Purchasing Arrangements for Business Managers This general guide addresses when and how the antitrust laws apply to group purchasing arrangements. Antitrust issues can be presented by various features of a buying group, including the group’s structure, membership policies, purchase volumes, cost of collectively purchased items, and information sharing policies. 2003 3-1/2 x 7 60 pages paper/saddlestitch Product Code: 5030408

A Primer on the Law of Information Exchange

A General Review of the Law of Benchmarking and Information Exchange for Business Managers, Second Edition In today’s climate of free-flowing information, it is essential that businesspersons are aware of the legal implications of engaging in information exchanges, whether in the form of an industry association questionnaire or an e-mail. This general guide examines how the antitrust laws apply to information exchanges. 2002 3-1/2 x 7 33 pages paper/saddlestitch Product Code: 5030385

The fourth edition of this three-volume treatise concisely sets forth the substantive civil and criminal antitrust case law, procedure, practice, and statutes for each of the 50 states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands. In the years since the publication of the third edition of State Antitrust Practice and Statutes, state antitrust law has continued to change the contours of this country’s competition law landscape. In addition to updating the 2003 edition, this edition facilitates access to the sources of state antitrust law and related enforcement issues.

State Antitrust Laws

State Antitrust Practice and Statutes (Fourth)

An introductory chapter offers an overview, followed by individual state chapters that include a copy of the state’s antitrust statutes for easy reference. Organized around familiar federal law principles, with a new easy-to-use numbering system, this comprehensive research tool distinguishes for you the similarities and differences of each state’s antitrust regime. This set includes, on a jurisdiction-by-jurisdiction basis, consideration of such matters as the remedies available under a particular state law, the relation of that state’s law to federal antitrust law, the relevant statutes of limitations, the existence of private causes of action, the public investigatory tools, and the enforcement policy and areas of emphasis of the state’s attorney general. In addition, this treatise contains an updated chapter devoted entirely to state antitrust law and enforcement in the health care industry. Whether interested in a particular state, or the enforcement policy of various states, this is an invaluable tool for the practicing antitrust attorney. Written by antitrust practitioners, and incorporating valuable comments and suggestions from attorneys in the offices of the various state attorneys general, this useful resource gives you a practical look at substantive state antitrust law as well as recent government and private enforcement trends.

www.ambar.org/antitrust

2009 7x10 2,400 pages 3 volumes hardcover Product Code: 5030532 $449.00 AT Section Members $499.00 Regular Price

State Antitrust Laws

State Antitrust Enforcement Handbook Second Edition State antitrust law and state attorneys general have become increasingly prominent parts of the antitrust landscape. State Antitrust Enforcement Handbook, Second Edition focuses on how state attorneys general exercise their rights to investigate antitrust concerns and to secure remedies for antitrust violations. Chapters address specific aspects of how state attorneys general act: •

multistate investigations and litigation

•

state merger enforcement

•

state criminal enforcement

•

health care markets

•

confidentiality issues

•

state settlements.

Also included is an overview chapter, which provides the context for the discussion of these issues. Much of the context of state antitrust enforcement is set by federal law, and increasingly, state attorneys general supplement that federal antitrust authority with authority and claims provided by state law. This overview chapter summarizes the authority possessed or asserted by state attorneys general, along with the challenges to that authority or that assertion of power. Valuable appendices include vertical restraints guidelines, horizontal merger guidelines, a protocol for coordination in merger investigations, a protocol for increased state prosecution of criminal antitrust offenses, and the premerger disclosure compact adopted by the National Association of Attorneys General. The appendices also contain sample letters, forms, and a table of cases. State Antitrust Enforcement Handbook conveys the specifics of what state attorneys general do in antitrust matters, thereby enabling you to better understand and appreciate state antitrust enforcement.

1-800-285-2221

2008 6 x 9 400 pages paper Product Code: 5030516 $139.00 AT Section Members $169.00 Regular Price

The interaction of intellectual property laws and antitrust continues to grow as our society increasingly relies on high-tech solutions in the home and workplace. In litigating intellectual property cases today, it is essential to understand the interplay between intellectual property rights and potential antitrust claims and defenses. The Antitrust Counterattack in Intellectual Property Litigation Handbook provides a comprehensive, practical guide to the antitrust issues likely to arise in intellectual property litigation. It summarizes the essential elements of intellectual property law for the antitrust practitioner, and analyzes how antitrust counterclaims and misuse defenses can affect intellectual property litigation in both its prosecution and settlement. The handbook is unique in its integrated treatment of these core intellectual property and antitrust issues and will equip counsel in both practice areas to develop and coordinate on strategies that optimize litigation outcomes. Chapter I covers the essential elements of intellectual property, including patent prosecutions and infringement claims, and analyzes recent Supreme Court cases such as Quanta Computers v. LG Elecs. and MedImmune, Inc. v. Genentech, Inc.

•

Chapter II discusses antitrust claims, defense and issues that arise in connection with intellectual property, including the misuse doctrine, Walker Process and Hangards claims, antitrust issues arising from the acquisition or licensing of intellectual property and collective actions through standard setting organizations. A discussion of leading cases and recent Supreme Court decisions such as Pacific Bell Tel. co. v. linkLine Communications (price squeeze claims) and Leegin Creative Leather Products v. PSKS, Inc. (minimum resale price maintenance), as well as federal antitrust agency actions, supplements the overview.

•

Chapter III considers strategic litigation issues, including whether and how to file antitrust claims and counterclaims in patent litigation.

•

Chapter IV focuses on pleading and discovery issues, including the scope of discovery and the implications for antitrust claims in intellectual property litigation of the notice pleading requirements articulated by the Supreme Court in Bell Atlantic Corp. v. Twombly and its progeny.

•

Chapter V discusses bifurcation and consolidation issues for patent and antitrust claims under Rule 42(a) and (b).

•

Chapter VI presents an overview of jurisdictional issues, such as the Federal Circuit’s exclusive jurisdiction over claims arising from patent law.

•

Chapter VII explores antitrust and res judicata issues in patent settlements, including a discussion of the potential of antitrust liability for so-called reverse payment settlements arising under the Hatch Waxman framework.

2010 6 x 9 260 pages paper Product Code: 5030554 $129.00 AT Section Members $159.00 Regular Price

www.ambar.org/antitrust

•

Intellectual Property

Antitrust Counterattack in Intellectual Property Litigation Handbook

Intellectual Property

Federal Antitrust Guidelines for the Licensing of Intellectual Property: Origins and Applications Third Edition

The third edition of the Antitrust Section’s handbook on the Federal Antitrust Guidelines for the Licensing of Intellectual Property provides a description of the enforcement agencies’ antitrust policy with respect to the licensing of patents, copyrights, trade secrets, and know-how. It also is updated to reflect the pertinent developments since the agencies issued their Guidelines fifteen years ago. Since 1995, the agencies have initiated a wide variety of enforcement actions involving intellectual property and have pursued claims ranging from alleged price fixing among patent holders to allegedly anticompetitive settlements of infringement litigation. This book discusses these enforcement actions and the recent judicial decisions in this area and also provides some historical perspective on the agencies’ current policy with respect to the licensing of intellectual property. In addition, it discusses the April 2007 report issued by the Department of Justice and Federal Trade Commission entitled Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition, as well as other reports or statements of policy by the agencies. Finally, this edition includes materials comparing United States antitrust law regarding intellectual property licensing to European Competition policy, an important addition given the increasingly multi-jurisdictional nature of intellectual property licensing. This book is intended to serve as a practical guide for lawyers and their clients involved in intellectual property licensing transactions or engaged in antitrust litigation involving intellectual property and includes the complete text of the 1995 Department of Justice and Federal Trade Commission Antitrust Guidelines for the Licensing of Intellectual Property and Technology Transfer Block Exemption.

1-800-285-2221

2010 6 x 9 220 pages paper Product Code: 5030558 $129.00 AT Section Members $159.00 Regular Price

Intellectual property laws foster competitive innovation through exclusivity for a limited time. Antitrust laws, on the other hand, encourage competition – including competition to innovate – by restricting exclusionary behavior and limiting rivals’ ability to coordinate their conduct. While the antitrust and intellectual property laws are complementary to the extent that they both promote competition over the long term, the two regimes can be sometimes at odds in the short term. This handbook provides detailed information on how these two areas impact each other.

Intellectual Property

Intellectual Property and Antitrust Handbook

The Intellectual Property and Antitrust Handbook examines the nature and interface of the intellectual property and antitrust laws, and the different types of intellectual property. It describes the purposes of the antitrust laws, provides an overview of the intellectual property antitrust interface, and addresses the historical treatment of intellectual property issues in antitrust cases. The book also reviews the economic theories underlying the intellectual property laws and analyzes their implications for antitrust policy and the licensing of intellectual property. The book also examines exclusive dealing or “tie-out” restraints, tying agreements, royalties requirements, grantbacks, and miscellaneous restraints, such as non-assert clauses and no-challenge clauses. The handbook also discusses patent settlements unilateral conduct involving intellectual property, mergers involving intellectual property, litigation issues, and practical issues that are likely to arise as practitioners assess the antitrust risks associated with the exercise of intellectual property rights. Anyone involved in intellectual property work will find this a useful reference tool. 2007 6 x 9 602 pages paper Product Code: 5030507 $129.00 AT Section Members $159.00 Regular Price

Join the Section of Antitrust Law! Section membership offers you access to our numerous publications and programs, as well as the opportunity to participate in ongoing dialogue with the antitrust enforcement agencies and the work of our committees. Each member receives the Antitrust Magazine and Antitrust Law Journal three times per year as well as the online Antitrust Source and list serves. You also will receive the discounts on our publications and programs. For more information or to join, visit our web site at www.americanbar.org/antitrust or call 1-800-285-2221.

www.ambar.org/antitrust

How do I get the Antitrust Section member price?

Consumer Protection

New!

2013 Review of Consumer Protection Law Developments Consumer protection laws seek to correct a misimpression that a product or service has a greater value than it actually does and, by doing so, prevent consumer injury. Understanding this objective, however, is a good deal easier than understanding the many federal and state laws designed to accomplish it.

Consumer Protection Law Developments, published in 2009, was a complete and detailed perspective on consumer protection laws, with emphasis on developments regarding federal, state, and international law, as well as industry selfregulation. The 2011 review updated and summarized developments since the original edition was published, and this 2013 review contains all the updates since that edition. The 2013 Review of Consumer Protection Law Developments provides a comprehensive update on consumer protection issues, including developments in federal and state enforcement, data security, privacy, advertising substantiation and self-regulation, Lanham Act and other private litigation, and international issues. The update also extensively covers changes to the consumer financial laws under Dodd-Frank and the newly created Consumer Financial Protection Bureau, providing detailed discussion of the CFPB’s structure, jurisdiction, remedial powers, rulemaking and guidance, and enforcement actions and discussing judicial review of the agency’s actions. Significant developments that are covered in this edition are: •

The FTC’s issuance of the “Green Guides” for environmental marketing claims

•

amendments to the Children’s Online Privacy Protection Rule

•

advertising substantiation developments, including developments in the “competent and reliable scientific evidence” standard

1-800-285-2221

2013 7 x 10 544 pages paper Product Code: 5030603 $119.00 AT Section Members $149.00 Regular Price

Consumer protection laws seek to correct a misimpression that a product or service has a greater value than it actually does and, by doing so, prevent consumer injury. Understanding this objective, however, is a good deal easier than understanding the many federal and state laws designed to accomplish it.

Summary of Contents Chapter I—Deceptive and Unfair Practices Chapter II—Deceptive Practices Involving New Technologies Chapter III—Promotions Chapter IV—The Federal Trade Commission Chapter V—State Consumer Protection Law (Alaska – Wisconsin) Chapter VI—Private Remedies for False or Misleading Advertising Chapter VIII—International Consumer Protection Law Table of Cases Index

Consumer Protection

2011 Review of Consumer Protection Law Developments

If you are even remotely involved in consumer protection law, you need to add this update to your library.

www.ambar.org/antitrust

2011 7 x 10 544 pages paper Product Code: 5030580 $119.00 AT Section Members $149.00 Regular Price

C roi nmsiunm C a le rE nPfroortceecmt ieonnt

Consumer Protection Law Developments Consumer protection laws seek to correct a misimpression that a product or service has a greater value than it actually does and, by doing so, prevent consumer injury. Understanding this objective, however, is a good deal easier than understanding the many federal and state laws designed to accomplish it. The focus of the book is a complete and detailed perspective on consumer protection laws, with emphasis on developments regarding federal, state, and international law, as well as industry self-regulation. You’ll find information on administrative litigation, consumer class actions, Lanham Act and Sherman Act litigation, and express, implied, and establishment claims; qualitative and quantitative consumer perception analysis; industry standard, modified industry standards, and nonstandard product testing; statistical analysis; and more. Deceptive and Unfair Practices Technology Advertising; Media disclosures; Endorsements; Pricing Claims; Guarantees and Warranties; U.S. Origin Claims; Environmental Claims; Consumer Injury; and much more. New Technologies Privacy Policies; Personal Information; Using Children‘s Personal Information; Information Held by Financial Institutions; Prohibitions against Pretexting, Address Harvesting, and Dictionary Attacks; CAN-SPAM Prohibitions; Phishing; Telemark eting Practices; Data Security Breaches; Opt-Out Notices; and much, much more. The Federal Trade Commission Enforcement Procedures; Investigative Tools; Settlement Procedures; Reopening and Modifying Orders; Supreme Court Review; Corrective Advertising; The Truth in Lending Act, The Fair Credit Reporting Act, The Equal Credit Opportunity Act; Labeling Regulations; The Telemarketing Act; and more.

1-800-285-2221

State Consumer Protection Law Provisions of State Consumer Protection Laws; Intent, Deception, Reliance, and Injury; The Uniform Deceptive Trade Practices Act; Injunctive and Monetary Relief; Local Laws; Private Right of Action for Consumers; Damages; and a StateBy-State analysis of the Consumer Protection Laws of the Individual States. In addition, Private Remedies for False or Misleading Advertising: The Lanham Act Section 43(a) and Advertising Self-Regulation are covered in detail. Consumer Protection Law Developments is a comprehensive and up-to-date analysis of this important and complex subject. It is the perfect companion treatise to Antitrust Law Developments. If you are even remotely involved in consumer protection law, you need to add this treatise to your library. 2009 7 x 10 848 pages hardcover Product Code: 5030529 $249.00 AT Section members $299.00 Regular Price

Data Security Handbook

Summary of Contents

The purpose of the Data Security Handbook is to provide legal practitioners and information technology specialists with a concise, practical guide that summarizes: • common information security vulnerabilities and how to manage them; • legal and industry information security safeguard requirements and recommended practices; • the legal obligations that apply when an organization has incurred a data breach; • factors that contribute to a compliant information security program; and • potential legal theories in actions involving the alleged misuse or compromise of personal information.

If you’re looking for a comprehensive and practical guide to maintaining and preserving the security of individuals’ personal information, the Data Security Handbook is for you. 2008 6 x 9 160 pages paper Product Code: 5030517 $124.00 AT Section Members $144.00 Regular Price

. orrgg/ /aannt ti ti trruus st t. w w w . a mwewr w i c. aa nmbbaarr. o html

Foreword Preface Chapter 1—Information Security Vulnerabilities and Threats Chapter 2—Information Security Laws and Standards Chapter 3—Information Security Breach Notification Laws Chapter 4—Developing an Information Security Program Chapter 5—Theories of Liability Conclusion Appendix—Relevant Data Security Statutes Table of Cases

In response, regulators and industries have crafted requirements designed to protect personal information within the organization’s control, and to establish an organization’s obligations when it discovers that such personal information has been compromised. Unfortunately, a lack of communication and businesswide appreciation for data security has left many organizations vulnerable to data compromise, legal liability, negative publicity, and associated brand tarnishment.

C roi nmsiunm C a le rE nPfroortceecmt ieonnt

Nearly every organization maintains files and systems filled with personally identifiable information: employee information, existing and prospective customer information, and data gathered as a product to sell to others. This information has become a tool for criminals who prey on organizations with lax safeguards to commit fraud, identity theft, and other acts injurious to consumers.

Consumer Protection

Consumer Protection Handbook Consumer protection law has special relevance to antitrust practitioners. The most influential single authority on consumer protection, the Federal Trade Commission, is also a prominent feature of the antitrust landscape. In recent years, there has been increasing cooperation and cross-pollination between the FTC’s Competition and Consumer Protection Bureaus. In addition, the statutes that govern antitrust and consumer protection are intertwined – not only the FTC but also the numerous state laws that combine “unfair competition” claims (often cognizable as antitrust violations) with unfair and deceptive acts and practices. Not surprisingly, then, complaints by aggrieved competitors often allege both antitrust and consumer protection causes of action. The Consumer Protection Handbook is a concise guide to the basic principles of consumer protection law. With the advent of e-commerce, firms are potentially subject to more varied consumer protection laws, in more jurisdictions, than ever before. This book analyzes principles of the most important consumer protection laws, provides an overview of the avenues available to the potential complainant and the risks faced by a potential defendant, and serves as a starting point for further research. The emphasis is on the law as it pertains to false advertising, unfair and deceptive trade practices, and privacy.

1-800-285-2221

2004 6 x 9 126 pages paper Product Code: 5030434 $69.00 AT Section Members $79.00 Regular Price

How do I get the Antitrust Section member price? Join the Setion of Antitrust Law! Section membership offers you access to our numerous publications and programs, as well as the opportunity to participate in ongoing dialogue with the antitrust enforcement agencies and the work of our committees. Each member receives the Antitrust magazine and Antitrust Law Journal three times per year as well as the online The Antitrust Source and list serves. You also will receive the discounts on our publications and programs. For more information or to join, visit our web site at www. americanbar.org/antitrust or call 1-800-285-2221.

Pharmaceutical Industry Antitrust Handbook Health Care

Pharmaceuticals play a major role in the U.S. economy and in the health of Americans. Billions of prescriptions are filled annually, costing well over a hundred billion dollars. With pharmaceuticals representing such an important part of the nationâ&#x20AC;&#x2122;s economy and the health care sector, competition in the pharmaceutical industry is crucial to provide the best quality drugs for the lowest possible price. Antitrust enforcement plays a key role in ensuring competition in this industry. Written for the antitrust and pharmaceutical communities, the Pharmaceutical Industry Handbook is intended to provide comprehensive guidance about the analysis of the most important antitrust questions faced today by pharmaceutical companies and participants in related health care industries. 2009 6 x 9 479 pages paper Product Code: 5030537 $154.00 AT Section Members $179.00 Regular Price

Antitrust Health Care Handbook, Fourth Edition The fourth edition of this handbook collects the application of antitrust principles and doctrines to health care industries in a concise, single-volume format.

The handbook begins with overviews of basic antitrust principles and concepts, explained largely through the antitrust decisions arising out of the health care sector. The handbook then provides in-depth coverage of relevant markets in health care industries, pricing conduct in health care industries, and nonprice conduct in health care industries. The handbook concludes with a practical section on preventing and minimizing antitrust problems. Written by practitioners specializing in health care antitrust, the handbook provides a valuable reference tool for antitrust and non-antitrust practitioners alike in advising their health care clients. 2010 6 x 9 381 pages paper Product Code: 5030550 $129.00 AT Section Members $159.00 Regular Price

Â51

www.ambar.org/antitrust

In the years since publication of the third edition of the handbook in 2004, antitrust law has continued to develop in the health care sector. The fourth edition nearly doubles the coverage of the third edition, and includes discussions of In re Evanston Northwestern Healthcare and Cascade Health Solutions v. PeaceHealth decisions, as well as business in FTC advisory opinions and several other court decisions issued since 2004.

Health Care

Messenger Model Handbook Health care providers who contract with payors through provider-controlled contracting organizations generally are paid either a risk-based fee or a fee for services rendered. As payor interest in risk contracting has diminished, many contracting organizations have turned to feefor-service contracts. To avoid the antitrust prohibition against agreements among competing providers with respect to the price of their individually provided services, many organizations have turned to the use of the messenger model. This handbook is intended to provide guidance on the legal analysis applied to messenger models utilized by health care provider networks when they contract with health care payors. This book provides the necessary predicate for understanding these issues by exploring the relevant history of managed care in the United States, trends in the formation of provider networks and their negotiations with managed care, and the genesis and evolution of messenger models themselves. The book then details the treatment of messenger arrangements by the federal antitrust agencies and the courts, and concludes with an analysis of specific antitrust concerns and risks relating to messenger models. Itâ&#x20AC;&#x2122;s a perfect resource for those who either want to know more about the concept or simply want to properly implement a messenger model. The appendices of this handbook include a number of useful resources, including the applicable Statements of Antitrust Enforcement Policy in Health Care, Department of Justice business review letters, Federal Trade Commission advisory opinion letters, speeches of antitrust enforcers, and sample antitrust guidelines for messenger models.

1-800-285-2221

2008 6 x 9 400 pages paper Product Code: 5030520 $139.00 AT Section Members $169.00 Regular Price

Â52

Health Care Mergers and Acquisitions Handbook

• an introduction to hospital merger litigation, •

Health Care

Over the past two decades there has been an extraordinary amount of litigation related to challenges of hospital mergers. Each chapter of this book identifies and analyzes important antitrust issues governing such consolidations. Accordingly, the first several chapters are devoted to a detailed treatment of substantive issues peculiar to such mergers:

issues unique to market definition,

• the competitive effects of hospital mergers, • a unique rebuttal argument offered by merging hospitals that is treated separately due to its prominent role in hospital merger litigation—the role and significance of efficiencies in determining the competitive merits of such mergers, and •

the potential applicability of the state action doctrine to hospital mergers.

In addition to these substantive issues, the handbook also addresses •

combinations of health care management organizations (HMOs), and physician practice groups,

•

the analysis used by the enforcement agencies when reviewing mergers of HMOs, and

•

antitrust issues posed by physician practice consolidations.

The appendix contains a chart summarizing litigated hospital mergers. 2003 6 x 9 218 pages paper Product Code: 5030414 $99.00 AT Section Members $114.00 Regular Price

This timely book focuses on the Quality Health-Care Coalition Act of 2000, more commonly referred to as the “Campbell Bill,” and similar legislative initiatives at the state level. It also provides important background information on the debate surrounding collective negotiation by physicians and other health care providers. 2000 6 x 9 92 pages paper Product Code: 5030352 $39.95 AT Section Members $49.95 Regular Price

www.ambar.org/antitrust

Antitrust Immunity Legislation for Health Care Providers

Of Special Interest

New!

Telecom Antitrust Handbook Second Edition

The Telecom Antitrust Handbook, Second Edition provides a comprehensive review and analysis of the application of antitrust law and principles to the communications industries, including telecom, broadband access, and video programming distribution, and is an important and useful resource for communications practitioners who seek an introduction to antitrust law, as well as for antitrust practitioners who find themselves thrust into the telecom thicket. The book guides the reader through the fundamental economic underpinnings of communications networks that make substantive analysis of antitrust issues in these sectors both unique and challenging (Chapter I), transitioning to a discussion of substantive antitrust law applicable to the communications industries, including mergers (Chapter II), joint ventures (Chapter III), and restraints of trade (Chapter IV). Monopolization and immunity issues have become particularly challenging for the telecom antitrust plaintiff following the Supreme Courtâ&#x20AC;&#x2122;s decision in Verizon Communications Inc. v. Law Offices of Curtis V. Trinko. These issues and their evolution since the 2004 Trinko decision are dealt with extensively in the chapters on monopolization (Chapter V) and immunity (Chapter VI). The handbook also includes a thorough treatment of consumer protection issues in the communications industries (Chapter VII), with updates addressing the evolving treatment of consumer protection and privacy issues in the online space. As with the first edition, the handbook includes a chapter on international issues that focuses on Canada and the European Union (Chapter VIII), each of which has seen significant regulatory and antitrust developments involving the telecom sector since publication of the first edition. Finally, Appendix A contains a comprehensive, and understandable, discussion of the Net Neutrality/Open Internet debate, which addresses the particularly contentious issues surrounding the evolving regulatory and antitrust principles applicable to broadband Internet access practices.

1-800-285-2221

2013 6 x 9 545 pages paper Product Code: 5030599 $169.00 AT Section Members $199.00 Regular Price

Â54

Handbook of U.S. Antitrust Sources Of Special Interest

The Handbook of U.S. Antitrust Sources provides the full text of the relevant antitrust statutes, all current federal antitrust guidelines, and the Hart-ScottRodino rules. Added features include all Supreme Court antitrust decisions and references to other important sources on the Federal Trade Commission, Department of Justice and Antitrust Section websites. The book will be an invaluable tool for antitrust practitioners who want to have these important resources at their fingertips. 2012 6 x 9 295 pages paper Product Code: 5030593 $129.00 AT Section Members $159.00 Regular Price

Buy the E-book Version! The Handbook of U.S. Antitrust Sources (E-book) The book will be an invaluable tool for antitrust practitioners who want to have these important resources at their fingertips without the inconvenience of a hefty print volume. The electronic format takes advantage of all the attractive functionalities provided by commercial eReaders, including portability, reflowability, text searching, and marginal note-taking. Additional value is provided by the internal linking between cross-references, which will be particularly helpful in navigating the complex Hart-Scott-Rodino statute and regulations. Easy access to Supreme Court cases without time-consuming searches is provided by direct external links to full-text versions of the opinions in Google Scholar. This e-book is available for download at www.shopaba.org.

Buy both the print version and E-book version together for the price of a single version alone! Itâ&#x20AC;&#x2122;s like getting the e-Book version free!

Â55

www.ambar.org/antitrust

2012 6 x 9 295 pages ebook Product Code: 5030593EBK $129.00 AT Section Members $159.00 Regular Price

Of Special Interest

Competition as Public Policy Competition as a public policy value has always been an important mission of the ABA Section of Antitrust Law, but perhaps never so much as during the economic crisis of 2008–2009. In the face of one of the worst economic downturns since the Great Depression, it is tempting for public policy to turn away from the principles of competition. Competition as Public Policy examines some of the most relevant competition policy issues in the United States and the world today. It includes an in-depth analysis of competition policy in distressed industries, the history of government regulation in the face of economic crisis, causes of the current financial crisis, competition policy for health care in the United States, and state aid in Europe and around the world. Competition as Public Policy also features papers and transcripts from panel discussions presented at the May 13–14, 2009 Antitrust Symposium: Competition as Public Policy held in Jackson Hole, WY, offering perspectives from experienced members of the bar, government officials, and distinguished academics. These discussions review the history of competition as a basis for public policy, examine deregulation in the context of airlines and electricity, analyze competition policy in the financial sector and the healthcare industry, and explore the history and current status of state aid policies globally. 2010 6 x 9 348 pages paper Product Code: 5030559 $129.00 AT Section Members $159.00 Regular Price

Energy Antitrust Handbook Second Edition

1-800-285-2221

This second edition of the Energy Antitrust Handbook presents a guide to an industry of increasing importance to the U.S. economy. It is written to assist energy, regulatory, and antitrust lawyers in understanding the multilayered complexity of this field by providing a basic background on antitrust issues in the energy industry. The principal focus of the first edition of this handbook was on electricity and natural gas, but this edition has been broadened in scope to include more sectors of the energy industry. By reading this book, lawyers already familiar with antitrust law will gain an understanding of related energy issues, the market structure, and the application of the antitrust laws to these industries. Lawyers and executives already familiar with the energy industry, but not with antitrust law, will find this book provides an understanding of the antitrust laws applicable to energy. Although the electric and natural gas industries continue to be subject to less pervasive regulation, new antitrust issues and concerns about “market manipulation” have become the focus of scrutiny in the electric, natural gas, and petroleum industries. 2009 6 x 9 286 pages paper Product Code: 5030535 $129.00 AT Section Members $159.00 Regular Price

Issues in Competition Law and Policy

Here’s what’s included in this three-volume set:

Of Special Interest

Competition policy in the United States, Europe, and elsewhere is embedded in a complex regime of laws predicated on the public policy choices of each jurisdiction. While other books provide a comprehensive treatment of the current state of antitrust law in the United States, this three-volume hardcover set examines directly and in detail, the technical legal framework of competition law and the policy issues that lie behind the law. The focus of the book is a complete and detailed perspective on issues in the design and enforcement of competition law, and is not a treatise on the case law.

In nine chapters and over 220 pages, The Jurisprudence Section addresses some of the fundamental issues of competition policy design, such as its social policy objectives, its evolutionary process (especially through the common-law tradition in the United States), the balance of underinclusiveness and overinclusiveness enforcement errors, allocations of burdens of proof, and the dividing line between competition law and other forms of government intervention in the marketplace. Each of these areas involves basic policy choices, and the chapters in this section examine the normative considerations in making these choices as well as explore the learning from the actual choices various jurisdictions have made around the world. In over 550 pages and 24 chapters, The Economic Foundations Section surveys the current industrial organization scholarship that is relevant to the design and enforcement of competition law. These chapters survey a variety of economic concepts and tools that cut across antitrust law and that are essential to informed competition law policy making generally and enforcement in particular cases. In over 1,000 pages and 44 chapters, the middle sections deal with Single Firm Conduct, Cooperation among Competitors, Mergers and Acquisitions, Distribution, and the Intellectual Property–Antitrust Law Interface—and contain the applied chapters. Important questions for these chapters, for example, include:

• •

What are the welfare implications of the practice or arrangement in question?

•

Under what circumstances should an enforcement agency exercise its prosecutorial discretion and either bring an action or refrain from bringing one? For example, for a particular practice, should the enforcement agency not prosecute cases in the area and, rather, rely on private enforcement in order to preserve its resources for other issues?

•

In private enforcement, what class of plaintiffs should be entitled to bring an antitrust action, and what is the measure of their damages?

Whatever the rule, how should it be applied operationally—that is, what do enforcement agencies, plaintiffs, and defendants have to prove in court to make out a prima facie case or a defense? Although this question is trivial when the per se rule applies, it is not when there is a business justification defense or when the rule of reason applies.

2008 2,450 pages 7x10 3 volumes hardcover Product Code: 5030522 $495.00 AT Section members $550.00 Regular Price

www.ambar.org/antitrust

In the over 260 pages and final chapters of the Enforcement Section, you’ll find a detailed discussion of the issues in competition law enforcement, including the mechanisms for enforcement, the fashioning of criminal, injunctive, and monetary relief, and the extraterritorial reach of a jurisdiction’s antitrust laws.

Of Special Interest

Antitrust and Associations Handbook Significant segments of American business and professions are represented by trade and professional associations. Today, trade and professional associations have moved from a reactive role to one of leadership. Associations are setting product standards, certifying the expertise of professionals, and actively opposing or promoting new legislative and regulatory initiatives. But association activities raise potential antitrust risks and their exposure to antitrust challenge has increased proportionately. This handbook helps association counsel and executives to understand the antitrust issues associated with association activities, and minimize their risk. It begins with a discussion of basic antitrust principles and the system of public and private remedies for violations, before turning to more detailed treatment of the analytical framework applicable to collaborative activities involving competitors. Subsequent chapters provide in-depth discussion of topics and problems that are routinely encountered by practitioners counseling trade associations, including membership criteria and expulsion, information collection and dissemination, industry codes of ethics, standards development, and joint petitioning of the government.

1-800-285-2221

In addition, many association issues today fall outside the classic trade association mold and this important book deals with new major policy and case law developments in the following areas: • Professional associations, such as those in medicine, dentistry, law, and engineering, whose members typically are individual professionals rather than companies. • Standard-setting organizations, which increasingly are technical standardsetting bodies that exist outside of traditional industry trade associations. Notably, many of the recent antitrust developments in this area have not involved allegations of industry-wide misconduct but instead have focused on single-firm conduct or efforts by one segment of an industry to gain an economic advantage over rivals through questionable means. • Various other forms of competitor collaborations, such as joint purchasing or joint selling alliances and R&D joint ventures. Included in this category are physician specialty groups and real estate multiple listing services. These types of collaborations generally do not operate along the lines of traditional trade associations. This book also discusses professional codes of ethics and similar practices; standards-development organizations, and competitor collaborations. Relevant precedents involving sports leagues are cited and discussed throughout. This handbook should be an invaluable single-volume resource for those advising trade associations. 2009 6 x 9 266 pages paper Product Code: 5030531 $129.95 AT Section Members $159.95 Regular Price

Insurance Antitrust Handbook

Summary of Contents

Insurance Antitrust Handbook, Second Edition is a general guide to the application of the federal antitrust laws to common activities in the insurance industry. Following an introductory discussion, chapter II provides an overview of the federal antitrust laws – including an analysis of the applicable federal and state exemptions, particularly the McCarran-Ferguson Act. The handbook focuses primarily on federal antitrust laws, but the principles discussed are generally applicable to state antitrust laws, which typically are patterned on the federal statutes.

The next several chapters examine whether the insurance industry’s main practices – such as collective ratemaking, standardi zation of insurance policy forms, and joint underwriting – would be lawful absent an exemption. Each chapter addresses whether the McCarran-Ferguson Act, the state action doctrine, or another exemption would be applicable to the practices in question. The final chapter broadly describes how insurance companies and their counsel can implement an effective compliance program to minimize antitrust exposure. Insurance Antitrust Handbook, Second Edition is a valuable resource both for the insurance industry generally and for lawyers advising clients regarding the interplay of federal antitrust laws and the McCarran-Ferguson Act exemption. 2006 6 x 9 150 pages paper Product Code: 5030487 $99.00 AT Section Members $124.00 Regular Price

www.ambar.org/antitrust

Introduction Chapter II—An Antitrust Overview: Principal Federal Antitrust Statutes Chapter III—Ratemaking and Rate-Related Practices Chapter IV—Policy Form Standardization Chapter V—Joint Underwriting and Exchange of Underwriting Information Chapter VI—Product Marketing and Distribution Chapter VII—Provider Relationships Chapter VIII—Participation in Trade Associations and Professional Societies Chapter IX—Applicability of Federal Antitrust Laws to Insurance Company Mergers Chapter X—Antitrust Compliance Programs for Insurers

Since publication of the first edition of the Insurance Antitrust Handbook in 1995, the insurance industry has been in the headlines regarding antitrust-related issues – merger challenges, state and federal antitrust enforcement actions, and private party multidistrict litigation class action proceedings. In addition, over ten years of case law interpreting the Supreme Court’s ruling in Hartford Fire Insurance Co. v. California have accumulated, providing further guidance to practitioners seeking to delineate the parameters of the McCarranFerguson Act exemption. This second edition has been completely updated to incorporate and assess the changes that have occurred in insurance antitrust law over the last ten years.

Of Special Interest

Second Edition

Of Special Interest

FTC Practice and Procedure Manual The Federal Trade Commission (FTC) is an influential authority within the antitrust landscape. An understanding of the FTC and its procedures has become almost essential to every antitrust and consumer protection practitioner. The FTC Practice and Procedure Manual is intended to provide a “how-to” guide for lawyers and parties involved in both competition and consumer protection matters before the FTC.

Summary of Contents Chapter 1—A Brief History: the Evolution of the FTC Chapter 2—Statutory Authority & Laws Enforced Chapter 3—Organization Chapter 4—Mergers and Acquisitions Chapter 5—Anticompetitive Conduct, consumer protection matters, and other commission activities Chapter 6—Litigation

The manual’s primary focus is on procedural matters rather than substantive antitrust or consumer protection law. It outlines FTC’s statutory authority, with a particular focus on Section 5 of the FTC Act, which impacts the FTC’s competition and consumer protection missions. It also describes in detail the FTC’s organizational structure and rules, procedural issues relating to mergers, rules and procedures for investigations (including confidentiality protections relating to its investigatory and enforcement efforts), and the agency’s adjudicatory function. This book will make FTC practice accessible to attorneys who may not come before the FTC regularly, and also provide enough detail to be useful to those who deal with the FTC often.

1-800-285-2221

Over the last several years, the FTC has issued a number of administrative complaints in both competition and consumer protection matters. Merger filings also have been on the rise. More over, new issues, such as privacy, recently have emerged and expanded the FTC’s enforcement landscape. This manual thus comes at a time when it is crucial to understand how the agency works. By providing a framework for understanding the process behind the FTC’s decision making, and a guide for what to expect in an investigation—or litigation—involving the agency, this book should facilitate the practitioner’s ability to handle issues that arise under the FTC’s jurisdiction. 2007 6 x 9 260 pages paper Product Code: 5030505 $129.00 AT Section Members $159.00 Regular Price

Business Torts and Unfair Competition Handbook Third Edition

The years since publication of the second edition in 2006 have seen a significant evolution in the nature of the relationship between antitrust, business tort, and unfair competition law. Business Torts and Unfair Competition Handbook, Third Edition revises, updates, and greatly expands the second edition to serve as a practical guide to the substantive and procedural issues that arise at the intersection of antitrust and business tort and unfair competition law. This book first addresses substantive issues, beginning with the changing role of business torts in antitrust litigation and continuing with the extent to which antitrust concepts have been invoked in business tort litigation. These chapters focus on the renewed usage in recent years of business torts as proof of exclusionary conduct supporting antitrust claims, as well as the invocation of the â&#x20AC;&#x153;competitive privilegeâ&#x20AC;? and the NoerrPennington doctrine in defense of business tort claims. The next two chapters survey the fields of unfair competition, commercial disparagement, and defamation. Subsequent chapters examine the interference torts, the common law and statutory torts of fraud and negligent misrepresentation, the field of misappropriation of trade secrets, and recent developments in the area of punitive damages, including constitutional, statutory, and common law limitations on such awards.

Predatory and Unfair Business Conduct

New!

The second half of the book covers procedural issues, beginning with the threshold issues of subject matter jurisdiction, personal jurisdiction, and venue. It continues with a discussion of additional practical issues that often impact the choice of forum and then explores the frequently litigated matters of removal and remand, which have seen significant statutory and case law developments in the years since the second edition. The volume concludes with an examination of the increasingly complex area of parallel and successive suits and issues that frequently arise in business tort cases under the Supremacy and Commerce Clauses of the United States Constitution.

2013 6 x 9 466 pages paper Product Code: 5030601 $169.00 AT Section Members $199.00 Regular Price

Â61

www.ambar.org/antitrust

Business Torts and Unfair Competition Handbook, Third Edition makes this developing and ever-changing area of law more accessible to antitrust and nonantitrust practitioners alike.

Predatory and Unfair Business Conduct

Monopolization and Dominance Handbook The proper antitrust treatment of monopolizing conduct is an area of perennial uncertainty and debate. The Monopolization and Dominance Handbook aims to give the reader an overview of the treatment of such conduct in the United States, with particular attention to areas of ambiguity and uncertainty, together with comparative discussion of approaches to such issues in jurisdictions outside the United States. The Monopolization and Dominance Handbook addresses the antitrust rules and principles that govern unilateral business conduct by firms with substantial market positions, referred to in the United States as the law of monopolization. In addition, the handbook compares and contrasts the approaches of courts and enforcers in the United States in this area of the law with those of counterparts in other jurisdictions. The handbook begins with a discussion of the economic principles that form the basis for the law of monopolization. It goes on to address monopoly power, the first element in the offense of monopolization, followed by an extensive discussion of the second, and perhaps most controversial element, illegal monopolizing conduct. The offenses of attempt to monopolize and conspiracy to monopolize are next considered. The handbook goes on to address how the law of monopolization is enforced and the challenges of crafting appropriate remedies for monopolization, another area that is subject to much debate. It closes with a chapter on issues and developments in other jurisdictions, as well as attempts at international convergence.

1-800-285-2221

2011 6 x 9 395 pages paper Product Code: 5030547 $129.00 AT Section Members $159.00 Regular Price

足62

The Antitrust Monograph Series #26— Electronic Commerce Monograph (2011) (PC 5030549) #25— The Noerr-Pennington Doctrine (2009) (PC 5030536) $99.00/$139.00 #24— Federal Statutory Exemptions from Antitrust Law (2007) (PC 5030504) $119.00/$149.00

#23— The Rule of Reason (1999) (PC 5030342) $39.95/$49.95 #21— State Merger Enforcement (1995) (PC 5030264) $30.00 #20— Special Defenses in International Antitrust Litigation (1995) (PC 5030260) $30.00

#19— The Noerr-Pennington Doctrine (1993) (PC 5030228) $30.00 #10— Interlocking Directorates Under Section 8 of the

Clayton Act (1984) (PC 5030057) $20.00 #9— Refusals to Deal and Exclusive Distributorships (1983) (PC 5030047) $20.00

#7— Merger Standards Under U.S. Antitrust Laws (1981) (PC 5030039) $20.00

Antitrust Monograph Series

$99.00/$139.00

#5 (Vol II)—The FTC as an Antitrust Enforcement Agency:

Its Structure, Powers, and Procedure (1981) (PC 5030040) $20.00 #5 (Vol I)—The FTC as an Antitrust Enforcement Agency:

The Role of Section 5 of the FTC Act in Antitrust (1981) (PC 5030037) $20.00

#4 (Vol I)—Robinson-Patman Act: Policy and Law (1980) (PC 5030031) $20.00

www.ambar.org/antitrust

I nde x 2012 Annual Review of Antitrust Law Developments . . . . . . . . . . . . . . . . . . . . 2 Antitrust Law Developments, 7th . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Antitrust and Associations Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Antitrust Class Actions Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Index

Antitrust Compliance, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Antitrust Counterattack in Intellectual Property Litigation Handbook . . . . . . . . 43 Antitrust Discovery Handbook, 3d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Antitrust Evidence Handbook, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 An Antitrust Guide for Trade Association Professionals and Members . . . . . . 39 Antitrust Handbook for Franchise and Distribution Practitioners . . . . . . . . . . . 37 Antitrust Health Care Handbook, 4th . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Antitrust Immunity Legislation for Health Care Providers . . . . . . . . . . . . . . . . 53 Antitrust Law and Economics of Product Distribution . . . . . . . . . . . . . . . . . . . 36 The Antitrust Monograph Series . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Business Torts and Unfair Competition Handbook, 3d . . . . . . . . . . . . . . . . . . 61 Category Management Antitrust Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Competition as Public Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Competition Laws outside the United States, 2d . . . . . . . . . . . . . . . . . . . . . . . . 28 Consumer Protection Law Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Consumer Protection Law Developments (2011) . . . . . . . . . . . . . . . . . . . . . . . . 47 Consumer Protection Law Developments (2013) . . . . . . . . . . . . . . . . . . . . . . . . 46 Consumer Protection Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Criminal Antitrust Litigation Handbook, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Data Security Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 DOJ Civil Antitrust Practice and Procedure Manual . . . . . . . . . . . . . . . . . . . . . 14 Econometrics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Electronic Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Energy Antitrust Handbook, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Federal Antitrust Guidelines for the Licensing of Intellectual Property . . . . . . . 44 Federal Statutory Exemptions from Antitrust Law (Monograph 24) . . . . . . . . 63 Franchise and Dealership Termination Handbook, 2d . . . . . . . . . . . . . . . . . . . 34 Frequently Asked Antitrust Questions, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 FTC Practice and Procedure Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Handbook on Antitrust Aspects of Standard Setting, 2d . . . . . . . . . . . . . . . . . . 35 Handbook on Antitrust Grand Jury Investigations, 3d . . . . . . . . . . . . . . . . . . . 26

1-800-285-2221

Handbook of U.S. Antitrust Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Health Care Mergers and Acquisitions Handbook . . . . . . . . . . . . . . . . . . . . . . 53 Indirect Purchaser Litigation Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Insurance Antitrust Handbook, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Intellectual Property and Antitrust Handbook . . . . . . . . . . . . . . . . . . . . . . . . . 45 Interlocking Directorates Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

足64

I n de x Interlocking Directorates Under Section 8 of the Clayton Act . . . . . . . . . . . . . 63 International Antitrust Cooperation Handbook . . . . . . . . . . . . . . . . . . . . . . . . 30 International Licensing Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Issues in Competition Law and Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Joint Ventures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Market Definition in Antitrust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Mergers and Acquisitions, 3d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Index

Market Power Handbook, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Merger Review Process, 4th . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Messenger Model Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Model Jury Instructions in Civil Antitrust Cases 2005 Edition . . . . . . . . . . . . . 21 Model Jury Instructions in Criminal Antitrust Cases . . . . . . . . . . . . . . . . . . . . . 24 Monopolization and Dominance Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 The Noerr-Pennington Doctrine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Obtaining Discovery Abroad, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Pharmaceutical Industry Antitrust Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Premerger Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Premerger Notification Practice Manual, 4th . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Price Discrimination Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 A Primer on the Federal Price Discrimination Laws, 3d . . . . . . . . . . . . . . . . . . 40 A Primer on the Law of Information Exchange, 2d . . . . . . . . . . . . . . . . . . . . . 40 A Primer on the Law of Joint Purchasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 A Primer on the Law of Mergers and Acquisitions . . . . . . . . . . . . . . . . . . . . . . 40 Proof of Conspiracy under Federal Antitrust Laws . . . . . . . . . . . . . . . . . . . . . . . 17 Proving Antitrust Damages, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Punitive Damages and Business Torts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Refusals to Deal and Exclusive Distributorships . . . . . . . . . . . . . . . . . . . . . . . . 63 RICO State By State, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 The Right Against Self-Incrimination in Civil Litigation . . . . . . . . . . . . . . . . . . 23 Robinson-Patman Act (Vol I) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 The Rule of Reason . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 State Action Practice Manual, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 State Antitrust Enforcement Handbook, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 State Antitrust Practice and Statutes, 4th . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Telecom Antitrust Handbook, 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

足65

www.ambar.org/antitrust

Special Defenses in International Antitrust Litigation . . . . . . . . . . . . . . . . . . . . 63

SECTION OF ANTITRUST LAW MEMBERSHIP

Membership

ABA Section of Antitrust Law is the key to cultivating your career in competition law, trade regulation, consumer protection, or economics. The Section is home to over 6,000 members including attorneys, academics, economists and other professionals across 50 countries. Visit us today at www.ambar.org/antitrust for more information.

Member Benefits Enhance Your Career • Meet and network with influential antitrust and consumer protection leaders — including US, EU, and foreign government enforcement officials — through Section events and programs. • Join them at industry-renowned annual conferences: Spring Meeting, Fall Forum, International Cartel Conference, Consumer Protection Law Conference, and more. • Learn from an experienced mentor (or a young mentee) through our Young Lawyers Mentoring Program. Get Involved • Join any of 26 committees at no cost and meet active groups of professionals who share your passion for a specialized area of law. • Open the door to speaking, publishing, and volunteer opportunities through committees. • Participate in active online discussions and over 100 dial-in programs. Stay Informed • Subscribe for free to Antitrust Magazine, Antitrust Law Journal, and The Antitrust Source. • Choose from over 60 newsletters for focused analysis and current awareness. Get Exclusive Resources and Discounts • Access the members-only Searchable Antitrust Library online for relevant resources, articles, and presentations. • Receive discounts on indispensable publications, conferences, and CLE.

Join now at www.ambar.org/antitrust or call 800-285-2221.

1-800-285-2221

ABA members can join the Section of Antitrust Law for $60, law students can join for $10.

ABA SECTION OF ANTITRUST LAW â&#x20AC;&#x201D; BECOME A MEMBER To learn more about Section conferences, visit www.ambar.org/antitrust.

I, _______________________________________________________ hereby apply for membership in the ABA Section of Antitrust Law and enclose annual membership dues of: p $60 for lawyer or associate members (must be an ABA member) p $10 for Law Student Division members (must be an ABA member) p $10 for Law Student Associate members p $60 Joint members in Antitrust Law and Government and Public Sector Lawyer Division (must be an ABA member)

Membership Form

If you are not yet a member of the ABA Section of Antitrust Law, join now for just $60 (ABA members only). Complete the form below and return, or call 1-800-285-2221 to join immediately or for more information.

ABA ID Number Name Firm/Organization Address City/State/Zip Phone E-mail Address PAYMENT: p ABA Credit Card from Bank of America p VISA p MasterCard p American Express p Check enclosed payable to the ABA

Expiration Date Signature

Mail to: American Bar Association 321 N. Clark Street Chicago, IL 60654-7598 Fax: 312/988-5637 Note: Membership dues in the ABA may be deductible as a business expense.

Â67

www.ambar.org/antitrust

Account Number

Order Form

Order Form Mail this form to: American Bar Association Publication Orders P.O. Box 10892 Chicago IL 60654-7598 Fax: 1-312-988-5568 Phone: 1-800-285-2221 E-mail: orders@americanbar.org Web site: www.ambar.org/antitrust

Name

Firm/Organization

Street Address

City/State/Zip

Phone (in case we have a question about your order)

Allow 7-10 days for delivery. E-mail address

Payment ABA Credit Card from Bank of America Check enclosed, payable to American Bar Association MasterCard VISA American Express

Card Number Exp. Date

Need it sooner? Ask about overnight delivery options. Call the ABA Service Center at 1-800285-2221 for more information. Guarantee: If you are not fully satisfied with your order, you may return it within 30 days of receipt for a full refund, no questions asked!

Thank you for your order.

Signature

Title

Qty

5030 5030 5030 5030 5030 5030

1-800-285-2221

5030 5030 * Tax IL residents, add 9.25% DC residents, add 6% ** Shipping $0 to $9.99 $10–$49.99 $50–$99.99 $100–$199.99 $200.00–$499.95 $500.00–$999.99 $1000.00+

$3.95 $5.95 $7.95 $9.95 $12.95 $15.95 $18.95

Subtotal Tax* Shipping/Handling** Total 68

Price

Total

ABA Section of Antitrust Law Course Materials

AT Masters Course VI Product Code: 5030594FLD $75.00 Regular Price

Course Materials

You can now purchase course materials that are of the same high standards of scholarship and review that youâ&#x20AC;&#x2122;ve come to expect from the Antitrust Section. Make sure your course materials library is current and complete by making a purchase from the ABA Section of Antitrust Law.

2012 Fall Forum USB Product Code: 5030595FLD $75.00 Regular Price 2013 Antitrust Consumer Protection Conference Product Code: 5030598FLD $75.00 Regular Price 2012 Cartel USB Product Code: 5030584FLD $75.00 Regular Price 2012 Healthcare USB Product Code: 5030591FLD $75.00 Regular Price

www.ambar.org/antitrust

Â69

Conference Calendar

ABA Section of Antitrust Law Conference Calendar To learn more about Section conferences, visit www.ambar.org/antitrust. Antitrust in the Americas June 6-7, 2013 – Brazil www.ambar.org/ATAmerica Retrospective Analysis of Agency Determinations in Merger Transactions Symposium June 28-29, 2013 George Washington University Law School Merger Practice Workshop September 12, 2013 George Washington University, Washington, DC Antitrust Law and Economics Institute for Judges October 2013 George Mason Law School, Washington, DC Intellectual Property Conference Stanford Law School October 2013 Palo Alto, California Fall Forum November 14, 2013 National Press Club, Washington, DC International Cartel Workshop February 2014 – Europe www.ambar.org/ATCartel

1-800-285-2221

62nd Antitrust Annual Spring Meeting March 26-28, 2014 JW Marriott Hotel, Washington, DC Inter-Pacific Bar Association Conference May 2014 Vancouver, Canada Antitrust Healthcare Conference May 2014 Washington, DC Antitrust in Asia May 2014 Beijing, PRC www.ambar.org/ATAsia 70

C r i m i n a lN Eont feos r c e m e n t

w w w . a mwewr w i c. aa nmbbaarr. .oorrgg/ /aannt ti it trruus st t. html

足71

足72

1-800-285-2221

Notes

5039042CAT

1-800-285-2221

Publications Catalog

Antitrust

2013

Section of Antitrust Law American Bar Association 321 North Clark Street Chicago, IL 60654-7598 Nonprofit Organization U.S. Postage PAID American Bar Association