2015 ANTITRUST
PUBLICATIONS CATALOG
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Antitrust Law
New for 2015 Page 2
Page 4
Page 15
Page 24
Page 29
Page 39
Contents 2–3
Law Developments
33–36
Consumer Protection
4–6
Mergers
37–38
Health Care
7–16
Civil Litigation
39–45
Of Special Interest
17–19
Criminal Enforcement
46–47
Predatory and Unfair Business Conduct
20–22
International
48
AT Section Membership
23–28
Counseling
49
AT Law Conference Calendar
29
State Antitrust Laws
50–51
30–32
Intellectual Property
53
Index of Titles Order Form
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Antitrust Law Developments
NEW! 2014 Annual Review of Antitrust Law Developments
NEW!
2015, Paperbook, 417 pages, 7x10
For almost 40 years, Antitrust Law Developments and its annual supplements have been recognized as the most authoritative and comprehensive set of research tools for antitrust practitioners. The 2014 Annual Review of Antitrust Law Developments summarizes developments during 2014 in the courts, at the agencies, and in Congress. Product Code 5030625 1 Copy: $169.00 List Price $129.00 AT Members 2–5 Copies: $149.00 List Price $112.00 AT Members 6+ Copies: $129.00 List Price $99.00 AT Members
Among other topics, the 2014 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. • Court rulings on issues central to private antitrust litigation, including developments related to antitrust injury, standing, damages, the availability of arbitration, the requirements to maintain a class action, the limitations on recovery for foreign purchases, the standards for injunctive relief, motions to dismiss, and motions for summary judgment. • Antitrust law developments in industry-specific sectors, including health care, energy, communications, and transportation. • International developments in the European Union, Brazil, Canada, United Kingdom, and other jurisdictions.
2013 Annual Review of Antitrust Law Developments
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2014, Paperbook, 400 pages, 6x9
Product Code 5030616 $169.00 List Price $129.00 AT Members
Each year the Annual Review discusses all major judicial decisions and government enforcement actions in antitrust law occurring during the year. The 2013 Annual Review does this once again, highlighting important developments in: • Antitrust law developments in industryspecific sectors, including health care, energy, communications, and transportation. • U.S. Supreme Court decisions on pharmaceutical patent settlement agreements and state-action immunity. • International developments in Africa, Brazil, Canada, United Kingdom, and other jurisdictions.
Save 10% when you order Antitrust Law Developments (Seventh) together with the current supplements! ALD7+3 Package
Includes: • The two-volume hardcover Antitrust Law Developments (Seventh) • The 2012 Annual Review of Antitrust Law Developments • The 2013 Annual Review of Antitrust Law Developments • The 2014 Annual Review of Antitrust Law Developments Product Code: 5030627PKG
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Antitrust Law Developments
Antitrust Law Developments (Seventh) 2012, Hardcover, 2,000 pages, 7x10
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. 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. 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.
Summary of Contents
Volume II Chapter Chapter Chapter Chapter Chapter
10—Criminal Antitrust Enforcement 11— Antitrust Issues Involving Intellectual Property 12—Antitrust and International Commerce 13—General Exemptions and Immunities 14—Regulated Industries
Appendixes Table of Cases Index
1 Copy: $475.00 List Price $400.00 AT Members 2-5 Copies: $449.00 List Price $379.00 AT Members 6+ Copies: $409.00 List Price $339.00 AT Members
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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
Product Code 5030583 (2 volumes)
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Mergers
NEW!
NEW! Premerger Notification Practice Manual, Fifth Edition 2015, Paperbook, 528 pages, 6x9
Updated and revised, the Premerger Notification Practice Manual, Fifth Edition, contains interpretations and summaries of cases relating to the premerger notification requirements under Section 7A of the Clayton Act, 15 U.S.C. § 18a, enacted as Title II of the Hart-ScottRodino Antitrust Improvements Act of 1976 (HSR Act or the Act) and the Federal Trade Commission’s (FTC’s) Product Code 5030624 implementing rules (Rules). The interpretations are based on guidance from the FTC staff, which is charged $279.00 List Price $239.00 ABA Members with administering the Act. The case summaries are of enforcement actions, most of which are filed by the $199.00 AT Members United States Department of Justice (DOJ) based on a referral by the FTC. The Fifth Edition contains summaries, which are arranged into six groups: • HSR control tests/ultimate parent entity, • size of transaction threshold test, • size of person threshold test, • exemptions, • HSR form/process, and • enforcement actions.
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Each of these chapters begins with introductory remarks about the issue, and each interpretation begins with a citation to the relevant section or subsection of the Act, the Rules, or the Form with analysis and discussion following. Readers can find an “Editor’s Note” in some instances providing additional perspective. Every interpretation in this comprehensive Manual was reviewed and discussed in detail with the FTC’s Premerger Notification Office (PNO), making the book an invaluable resource for HSR practitioners.
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Mergers
Mergers and Acquisitions: Understanding the Antitrust Issues, Third Edition 2008, Paperbook, 1,219 pages, 6x9
Gain a comprehensive review of U.S. substantive merger law with this indispensable guidebook. No other book gathers all of the resources, case law, and agency rulings you need in a single place. 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.
Product Code 5030518 $199.00 List Price $169.00 AT Members
The Merger Review Process, Fourth Edition 2012, Paperbook, 250 pages, 6x9
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 HartScott-Rodino notification requirements • the steps the reviewing agency, parties, and counsel may take.
Product Code 5030587 $199.00 List Price $169.00 AT Members Available in eBook format
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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.
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Mergers
Joint Ventures: Antitrust Analysis of Collaborations Among Competitors, Second Edition 2014, Paperbook, 192 pages, 6x9
Joint Ventures: Antitrust Analysis of Collaborations Among Competitors is the second edition of the Section’s handbook on the antitrust analysis of the formation and conduct of joint ventures. In addition to updating case law with the Supreme Court’s American Needle decision and other important developments, the book adds new Product Code 5030600 chapters on intellectual property, international joint ventures, and counseling joint ventures. The handbook $169.00 List Price takes into account relevant statutory and case law as well $129.00 AT Members as government guidelines and enforcement practices to provide guidance to litigants, judges, and counselors. Since the first handbook was published, joint ventures have only increased in prevalence and prominence in the global economy. Thus, those considering or challenging joint-venture conduct must carefully consider antitrust principles governing various structures and types of conduct. This handbook provides thorough yet practical tools to assist practitioners in identifying and addressing antitrust issues that arise with joint ventures.
Premerger Coordination: The Emerging Law of Gun Jumping and Information Exchange 2006, Paperbook, 400 pages, 6x9
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This is the first comprehensive and authoritative book to tackle one of the most complicated subjects facing antitrust practitioners—“gun-jumping.”
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This volume provides both (1) the theoretical underpinnings for distinguishing lawful premerger coordination and unlawful gun jumping and (2) practical Product Code 5030466 advice, drawing upon a variety of resources. $124.00 List Price $104.00 AT Members
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 preconsummation activities of the merging parties. 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.
2012, Paperbook, 306 pages, 6x9
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 Product Code 5030597 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.
Civil Litigation
Price Discrimination Handbook
$159.00 List Price $129.00 AT Members
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.
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The handbook is divided into four chapters: • Chapter 1 provides an overview of the theory and purposes of price discrimination laws. • Chapter 2 provides an in-depth discussion of the Robinson-Patman Act (RPA), the principal federal price discrimination law. • Chapter 3 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. • Chapter 4 explores price discrimination laws in other countries in the Americas, Asia, Europe, and Africa.
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Civil Litigation
Econometrics: Legal, Practical, and Technical Issues, Second Edition 2014, Paperbook, 444 pages, 6x9
The use of econometrics—and empirical analysis generally—in antitrust cases reflects the increasing reliance by the courts and by the antitrust agencies on economic methods and testimony. The increasing use of econometric analysis in the field of antitrust, however, has created a knowledge gap. Econometrics: Legal, Practical, and Technical Issues (Second Edition) fills that gap by Product Code 5030605 making econometrics approachable and understandable for non-economists. $199.00 List Price $169.00 AT Members
This Second Edition of Econometrics also fills another gap—a practical gap in understanding that may limit the ways in which econometric analyses are applied in practice. Because antitrust analysis has become more sophisticated, it is likely that sometime in his or her career, an antitrust attorney will have to work with an economist to develop an empirical study that may involve econometric methods, prepare an argument or brief that incorporates facts that are derived from an econometric study, or cross-examine an economic expert on an econometric study that he or she may have done. This book will help attorneys appreciate the power and value of an econometric analysis and to work with economic experts more effectively by giving antitrust attorneys a better feel and understanding of why econometric techniques are useful and the types of applications in which statistics and econometrics can be and should be applied. In addition, the book discusses the potential pitfalls in the use of econometric methods, how econometric methods have been used in the courtroom, and the evidentiary and discovery issues that often arise in connection with econometric work that is done in the context of a merger review or litigation.
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This edition will be a valuable resource for all antitrust attorneys who regularly work with economic experts and those who are interested in understanding the power of economics and econometric analysis in antitrust.
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Civil Litigation
Antitrust Discovery Handbook, Third Edition 2013, Paperbook, 208 pages, 6x9
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.
Product Code 5030604 $159.00 List Price $129.00 AT Members Available in eBook format
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.
Indirect Purchaser Litigation Handbook 2007, Paperbook, 370 pages, 6x9
This handbook seeks to explain both the framework for indirect purchaser claims and the issues that commonly arise in indirect purchaser litigation.
Product Code 5030506 $159.00 List Price $124.00 AT Members
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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.
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Civil Litigation
Market Power Handbook: Competition Law and Economic Foundations, Second Edition 2012, Paperbook, 209 pages, 6x9
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 Product Code 5030577 the legal and economic issues that arise in relation to the core antitrust concept of market power. It is designed to $159.00 List Price $129.00 AT Members serve as a nontechnical resource rather than an economic Available in eBook format 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.
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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.
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Civil Litigation
RICO State By State: A Guide to Litigation under the State Racketeering Statutes, Second Edition 2011, Paperbook, 1,372 pages, 6x9
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 RICO-based statutes by 33 states, the Commonwealth of Puerto Rico, and the Territory of the United States Virgin Islands has complicated matters further.
Product Code 5030579
$249.00 List Price This fully updated edition is a comprehensive new $199.00 AT Members collection and analysis of state RICO statutes and case Available in eBook format 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.
State Action Practice Manual, Second Edition 2010, Paperbook, 192 pages, 6x9
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.
Product Code 5030548 $159.00 List Price $129.00 AT Members
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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.
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Civil Litigation
DOJ Civil Antitrust Practice and Procedure Manual 2012, Paperbook, 533 pages, 6x9
The DOJ Civil Antitrust Practice and Procedure Manual is the first book to comprehensively examine the process and procedures governing civil antitrust enforcement and policymaking by the Antitrust Division of the Department of Justice. It provides a framework for understanding the process and procedures the Antitrust Division employs in Product Code 5030592 conducting its investigations, deciding whether to bring $159.00 List Price an enforcement action, advocating for competition, and $129.00 AT Members formulating guidance to the antitrust community.
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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.
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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.
Civil Litigation
Antitrust Class Actions Handbook 2010, Paperbook, 220 pages, 6x9
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.
Product Code 5030544 $159.00 List Price $129.00 AT Members
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.
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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.
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Civil Litigation
Proof of Conspiracy Under Federal Antitrust Laws 2010, Paperbook, 314 pages, 6x9
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. 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 Product Code 5030560 informal, concrete or flexible, simple or complex, written, $159.00 List Price spoken, or even entered with a “wink of the eye.” This $129.00 AT Members book presents simple and understandable guidance that sets forth the current state of the law for proving such agreements.
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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 circuitby-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.
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The nine chapters in Proof of Conspiracy Under Federal Antitrust Laws cover the following topics: • Chapter 1 examines the congressional intent behind Section 1 of the Sherman Act and early Supreme Court glosses on the text of that statute. • Chapter 2 examines the fundamental question of what constitutes an agreement. • Chapter 3 examines basic issues proving an agreement, either through direct evidence or indirect evidence, such as showing consciously parallel behavior coupled with “plus” factors. • Chapter 4 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 5 addresses proof relating to specific types of agreements, including intra-firm agreements and collaborative ventures. • Chapter 6 analyze the Supreme Court’s recently revised motions to dismiss standard. • Chapter 7 looks at another critical procedural juncture in antitrust cases: motions for summary judgment. • Chapter 8 examines more generally how economic expert evidence may be used in proving an agreement. • Chapter 9 concludes with a practical look at a trial of an antitrust conspiracy case.
COMING SOON!
2015, Paperbook, 300 pages, 6x9
This first edition handbook breaks down in detail the legal and practical elements of the Rule of Reason analysis under Section 1 of the Sherman Act. It begins with a general description of the Rule of Reason test and then examines each element. The applicable law and theory of each element, along with the practical aspects of the element, such as the relevant evidence and whether and when the element plays a significant role in decisions, Product Code 5030626 are analyzed. The handbook also addresses whether $249.00 List Price agency enforcement views are consistent with judicial $199.00 AT Members Available in eBook format precedents. It serves as a guide on how to evaluate restraints and how they are adjudicated, providing valuable information for counseling clients. This book will appeal widely to all antitrust practitioners.
Civil Litigation
COMING SOON! Rule of Reason Handbook
The Right Against Self-Incrimination in Civil Litigation 2001, Paperbook, 160 pages, 6x9
Product Code 5030402 $79.95 List Price $69.95 AT Members
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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. The Right Against Self-Incrimination in Civil Litigation gives you the legal analysis that you need to make informed, wellreasoned decisions.
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Civil Litigation
Market Definition in Antitrust: Theory and Case Studies 2012, Paperbook, 566 pages, 6x9
Product Code 5030586 $249.00 List Price $199.00 AT Members Available in eBook format
Market Definition in Antitrust: Theory 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 Court’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.
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Data limitations and institutional considerations mean that there is no cookie-cutter 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.
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2002, Paperbook, 419 pages, 6x9
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 Product Code 5030388 and practical issues arising in grand jury investigations $114.00 List Price that face a company or an individual caught in the $99.00 AT Members 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.
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 infor足mation or to join, visit our web site at www.americanbar.org/antitrust or call 1-800-285-2221.
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Criminal Enforcement
Handbook on Antitrust Grand Jury Investigations, Third Edition
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Criminal Enforcement
Model Jury Instructions in Criminal Antitrust Cases 2009, Paperbook, 184 pages, 6x9
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 Product Code 5030530 transformed criminal antitrust practice. This practical book provides guidance regarding jury $159.00 List Price $129.00 AT Members 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.
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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.
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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.
2006, Paperbook, 566 pages, 6x9
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 Product Code 5030483 appeal. Together with Handbook on Antitrust Grand Jury $114.00 List Price Investigations, Third Edition and Sentencing Guidelines $99.00 AT Members in Antitrust, the practitioner is afforded a comprehensive treatment of the criminal antitrust process from investigation through prosecution and penalty.
Criminal Enforcement
Criminal Antitrust Litigation Handbook, Second Edition
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 commencement 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 pretrial preparation, formulation of jury instructions, and assessment of potentially available post-trial motions; and • the sentencing process and appeal.
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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.
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International
Antitrust Issues in International Intellectual Property Licensing Transactions 2012, Paperbook, 703 pages, 6x9
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 Product Code 5030578 approach the intersection of intellectual property and competition law as well as a practical reference guide for $159.00 List Price $129.00 AT Members practitioners and corporate counsel dealing with specific Available in eBook format licensing issues in individual jurisdictions or in global licensing agreements.
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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 jurisdiction’s antitrust or competition laws and intellectual property laws. The main section of each chapter analyzes the application of the jurisdiction’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.
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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.
International
International Antitrust Cooperation Handbook 2004, Paperbook, 795 pages, 6x9
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 Product Code 5030436 enforcement authorities increasingly have touted the $74.00 List Price $62.00 AT Members 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.
Obtaining Discovery Abroad, Second Edition 2005, Paperbook, 362 pages, 6x9
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.
Product Code 5030467 $124.00 List Price $109.00 AT Members
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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.
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International
Competition Laws Outside the United States, Second Edition 2010, Hardcover, 2 Volumes, 2000 pages, 8 1/2x11
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 has increased global coverage, including China, Korea, Russia, and Spain.
Product Code 5030557 (2 volumes)
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$349.00 List Price $299.00 AT Members
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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 provides a complete revision of the prior edition and supplement, which were published in 2001 and 2005, respectively.
2011, Paperbook, 310 pages, 6x9
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 Product Code 5030571 understanding of the contractual relationship between $159.00 List Price the parties, and the common law and statutory landscape $129.00 AT Members of franchise and dealership termination, is critical to Available in eBook format protecting the rights and interests of all involved.
Counseling
Franchise and Dealership Termination Handbook, Second Edition
This book explains what a termination involves, the steps involved in that process, and how counsel can protect their clients’ 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 post-termination 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.
Interlocking Directorates Handbook 2011, Paperbook, 112 pages, 6x9
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.
Product Code 5030546 $139.00 List Price $99.00 AT Members
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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.
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Counseling
FTC Practice and Procedure Manual, Second Edition 2014, Paperbook, 260 pages, 6x9
Product Code 5030617 $169.00 List Price $129.00 AT Members Available in eBook format
Originally published in 2007, the FTC Practice and Procedure Manual has been updated to reflect important developments at the agency in recent years. The FTC continues to be an active and influential authority in both competition and consumer protection matters, and an understanding of the agency is necessary for everyone who practices in those fields. 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. The manual’s primary focus is on procedural matters rather than substantive antitrust or consumer protection law (subjects covered by other Section publications). It outlines the FTC’s statutory authority, in particular Section 5 of the FTC Act, underlying the 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), the agency’s adjudicatory function, and its relationships with other federal agencies.
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This book will make FTC practice accessible to attorneys who may not come before the FTC regularly, and also provide enough detail and resources to be useful to those who deal with the FTC often.
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Over the last several years, the FTC has reinvigorated its administrative litigation process and actively litigated both merger and non-merger cases. The agency’s agenda touches on timely and complex issues in areas including healthcare, the IP/antitrust interface, and privacy and data security. The revised edition of 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.
2010, Paperbook, 240 pages, 8 1/2x11
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. Product Code 5030553
Counseling
Antitrust Compliance: Perspectives and Resources for Corporate Counselors, Second Edition
$199.00 List Price This second edition of Antitrust Compliance contains $179.00 AT Members 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.
Antitrust Handbook for Franchise and Distribution Practitioners 2008, Paperbook, 250 pages, 6x9
This important resource will give the practicing lawyer a detailed overview of the federal antitrust laws as they apply to franchising.
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.
Product Code 5030510 $169.00 List Price $139.00 AT Members
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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.
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Counseling
Frequently Asked Antitrust Questions, Second Edition 2013, Paperbook, 234 pages, 6x9
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 Product Code 5030602 clients. This revision includes two new chapters addressing $129.00 List Price $99.00 AT Members emerging issues in the areas of intellectual property and antitrust compliance. The prior edition’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.
Electronic Commerce: Antitrust and Consumer Protection in the Information Age (Monograph 26)
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2011, Paperbook, 304 pages, 6x9
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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. Product Code 5030549 $139.00 List Price $99.00 AT Members Available in eBook format
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.
2004 Paper/saddlestitch, 82 pages, 3 1/2x7
Individual copies — Product Code: 5030429: 1-24 copies: $10.00 each AT Section Members $13.00 each Regular Price
Counseling
An Antitrust Guide for Trade Association Professionals and Members
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
A Primer on the Federal Price Discrimination Laws A General Review of the Robinson-Patman Act for Business Managers, Third Edition 2005 Paper/saddlestitch, 26 pages, 31/2x7 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 2003 Paper/saddlestitch, 48 pages, 31/2x7 Product Code: 5030410
A Primer on the Law of Joint Purchasing A General Review of Antitrust Law on the Formation and Operation of Joint Purchasing Arrangements for Business Managers 2003 Paper/saddlestitch, 60 pages, 31/2x7 Product Code: 5030408
2002 Paper/saddlestitch, 33 pages, 31/2x7 Product Code: 5030385
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
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A Primer on the Law of Information Exchange A General Review of the Law of Benchmarking and Information Exchange for Business Managers, Second Edition
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Counseling
Handbook on Antitrust Aspects of Standard Setting, Second Edition 2011, Paperbook, 304 pages, 6x9
The second edition of the Handbook on 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 Product Code 5030570 only increased. This second edition not only updates the prior edition, but expands and develops on the antitrust $159.00 List Price constraints on standard setting and enforcement. $129.00 AT Members 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.
Category Management Antitrust Handbook
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2010, Paperbook, 64 pages, 6x9
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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 Product Code 5030556 greater breadth of issues—and potential traps for the unwary—than category management. $99.00 List Price $79.00 AT Members
Available in eBook format
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.
NEW!
2014, Hardcover, 3 Volumes, 2,896 pages, 7x10
This three-volume treatise systematically summarizes the substantive civil and criminal case law, procedure, practice, and statutes for each of the fifty states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands. State Antitrust Practice and Statutes (Fifth) also provides a practical overview of exemptions and defenses to antitrust liability and discusses government and private enforcement developments and trends through the date of publication. Product Code 5030622 As in the first four editions, the treatise provides a survey of $499.00 List Price the field in the Introduction, followed by jurisdiction-specific $449.00 AT Members chapters, each sharing a common structure specifically designed to facilitate multistate research. In particular, the treatise follows a uniform system of numbering that allows for cross-references between and among all the state chapters. The Fifth edition also contains an updated chapter devoted to developments in state antitrust law and enforcement in the health care industry, plus updated sections addressing antitrust aspects of state consumer protection and unfair competition laws.
State Antitrust Laws
NEW! State Antitrust Practice and Statutes, Fifth Edition
State Antitrust Enforcement Handbook, Second Edition 2008, Paperbook, 400 pages, 6x9
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.
Valuable appendices include vertical restraints guidelines, horizontal merger guidelines, a protocol for coordination in merger investi足gations, a protocol for increased state prose足 cution 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.
Product Code 5030516 $169.00 List Price $139.00 AT Members
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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.
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Intellectual Property Order by phone (800) 285-2221 30
Antitrust Counterattack in Intellectual Property Litigation Handbook 2010, Paperbook, 230 pages, 6x9
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 Product Code 5030554 Handbook provides a comprehensive, practical guide to the antitrust issues likely to arise in intellectual property $159.00 List Price litigation. It summarizes the essential elements of $129.00 AT Members 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 1 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 2 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 3 considers strategic litigation issues, including whether and how to file antitrust claims and counterclaims in patent litigation. • Chapter 4 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 5 discusses bifurcation and consolidation issues for patent and antitrust claims under Rule 42(a) and (b). • Chapter 6 presents an overview of jurisdictional issues, such as the Federal Circuit’s exclusive jurisdiction over claims arising from patent law. • Chapter 7 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.
2007, Paperbook, 550 pages, 6x9
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 Product Code 5030507 odds in the short term. This handbook provides detailed $159.00 List Price information on how these two areas impact each other. $129.00 AT Members
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 prop erty. 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 nonassert 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.
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Intellectual Property
Federal Antitrust Guidelines for the Licensing of Intellectual Property: Origins and Applications, Third Edition 2010, Paperbook, 250 pages, 6x9
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 Product Code 5030558 developments since the agencies issued their Guidelines fifteen years ago. $159.00 List Price $129.00 AT Members
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.
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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.
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2013, Paperbook, 544 pages, 7x10
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 self-regulation. The 2011 review updated and summarized developments since the original edition was published, and this 2013 review contains all the updates since that edition. Product Code 5030603 The 2013 Review of Consumer Protection Law $149.00 List Price $119.00 AT Members Developments provides a comprehensive update on Available in eBook format 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.
Consumer Protection
2013 Review of Consumer Protection Law Developments
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
Order online www.ShopABA.org 33
Consumer Protection
Consumer Protection Law Developments, 2011 Supplement 2011, Paperbook, 544 pages, 7x10
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 self-regulation. This 2011 review updates and summarizes developments since the original edition was published. Product Code 5030580 You’ll find the latest information on administrative litigation, consumer class actions, Lanham Act and $149.00 List Price $119.00 AT Members Sherman Act litigation, and express, implied, and Available in eBook format
establishment claims; qualitative and quantitative consumer perception analysis; industry standard, modified industry standards, and nonstandard product testing; statistical analysis; and more. If you are even remotely involved in consumer protection law, you need to add this update to your library.
Summary of Contents
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Chapter 1—Deceptive and Unfair Practices Chapter 2—Deceptive Practices Involving New Technologies Chapter 3—Promotions Chapter 4—The Federal Trade Commission Chapter 5—State Consumer Protection Law (Alaska – Wisconsin) Chapter 6—Private Remedies for False or Misleading Advertising Chapter 7—International Consumer Protection Law Table of Cases Index
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2009, Hardcover, 864 pages, 7x10
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 Product Code 5030529 law, as well as industry self-regulation. You’ll find $299.00 List Price $249.00 AT Members 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.
Consumer Protection
Consumer Protection Law Developments
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; Telemarketing 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.
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.
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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 State-By-State Analysis of the Consumer Protection Laws of the Individual States.
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Consumer Protection
Data Security Handbook 2008, Paperbook, 160 pages, 6x9
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. Product Code 5030517 $144.00 List Price $124.00 AT Members
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 business-wide appreciation for data security has left many organizations vulnerable to data compromise, legal liability, negative publicity, and associated brand tarnishment. 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.
Consumer Protection Handbook
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2004, Paperbook, 126 pages, 6x9
36
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 Product Code 5030434 antitrust and consumer protection causes of action. $79.00 List Price $69.00 AT Members
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.
Health Care
Messenger Model Handbook 2008, Paperbook, 400 pages, 6x9
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 fee-for-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.
Product Code 5030520 $169.00 List Price $139.00 AT Members
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. It’s a perfect resource for those who either want to know more about the concept or simply want to properly implement a messenger model.
Health Care Mergers and Acquisitions Handbook 2003, Paperbook, 218 pages, 6x9
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.
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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: • an introduction to hospital merger litigation, Product Code 5030414 • issues unique to market definition, • the competitive effects of hospital mergers, $114.00 List Price • a unique rebuttal argument offered by merging $99.00 AT Members 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.
The appendix contains a chart summarizing litigated hospital mergers.
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Health Care
Pharmaceutical Industry Antitrust Handbook 2009, Paperbook, 479 pages, 6x9
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 nation’s economy and the health care sector, competition in the pharmaceutical industry is crucial to provide the best quality drugs for the lowest Product Code 5030537 possible price. Antitrust enforcement plays a key role in ensuring competition in this industry. $179.00 List Price $154.00 AT Members
Written for the antitrust and pharmaceutical communities, the Pharmaceutical Industry Antitrust 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.
Antitrust Health Care Handbook, Fourth Edition 2010, Paperbook, 300 pages, 6x9
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The fourth edition of this handbook collects the application of antitrust principles and doctrines to health care industries in a concise, single-volume format.
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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 Product Code 5030550 re Evanston Northwestern Healthcare and Cascade Health $159.00 List Price Solutions v. PeaceHealth decisions, as well as business in FTC $129.00 AT Members advisory opinions and several other court decisions issued since 2004. 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.
NEW!
2014, Paperbook, 440 pages, 6x9
Throughout its life, federal antitrust law has been subject to literally dozens of limitations. Specific statutory exemptions have existed since 1914 and currently about 30 of them remain in force. Antitrust is likewise limited by several distinct, voluminous bodies of case law that set out judicially created exemptions, to shield politics, labor, and a broad range of industries subject to other regulation. Several of these doctrines have become complex and uncertain. The scope of antitrust, in other words, now comprises a Product Code 5030623 substantial body of law in its own right. This new Handbook on the Scope of Antitrust offers a first-of-its-kind, user-friendly solution in the form of a onestop, black-letter-focused book of practical guidance on all exemptions and immunities issues, treating them in an integrated fashion as components of one body of law.
$189.00 List Price $159.00 AT Members
Of Special Interest
NEW! Handbook on the Scope of Antitrust
Available in eBook format
Handbook of U.S. Antitrust Sources 2012, Paperbook, 295 pages, 6x9
Product Code 5030593 $159.00 List Price $129.00 AT Members Available in eBook format
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The Handbook of U.S. Antitrust Sources provides the full text of the relevant antitrust statutes, all current federal antitrust guidelines, and the Hart-Scott-Rodino 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.
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Of Special Interest
Sports and Antitrust Law 2014, Paperbook, 144 pages, 6x9
Sports and Antitrust Law presents a legal overview of sports-related topics and offers an exciting new resource on the most current cases and issues, both for the seasoned practitioner and the novice antitrust sports lawyer. This book provides a framework for understanding the ever-evolving area of sports law and its intersection with antitrust law. Product Code 5030614 $129.00 List Price $99.00 AT Members
Sports and Antitrust Law addresses such topics as general sports-related antitrust principles, the history of sports law, and recurring issues in professional sports. In six chapters, Sports and Antitrust Law examines the following topics: Chapter I discusses exemptions, including the everevolving labor exemption most relevant to the major sports leagues. Chapter II addresses the threshold issue of what is not covered by the Sherman Act—namely, non-commercial restraints and “on-field” rules and discipline. Chapter III presents the basic analytical framework of the Sherman Act’s application to the sports industry: the elements of Section 1 and Section 2 claims, the singleentity doctrine, and modes of analyses (per se, “quick look,” and full rule of reason for Section 1 cases and Section 2 analytical principles). Chapter IV focuses on the application of these principles to specific recurring issues and subjects, including market definition, market power, and a number of challenged “restraints” (e.g., involving players, teams, equipment, broadcasts). Chapter V explores sports issues in private litigation, including standing, class actions, injunctions, and damages.
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Chapter VI discusses the development of sports antitrust law in Canada.
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2009, Paperbook, 266 pages, 6x9
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.
Product Code 5030531 $159.00 List Price
Of Special Interest
Antitrust and Associations Handbook
This handbook helps association counsel and executives to $129.00 AT Members 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.
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.
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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 standard-setting bodies that exist outside of traditional industry trade associations. Notably, many of the recent antitrust developments in this area have not involved allegations of industrywide 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.
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Of Special Interest
Transportation Antitrust Handbook 2014, Paperbook, 260 pages, 6x9
A thorough understanding of antitrust issues is critical to the counseling of clients in the transportation industries. The Transportation Antitrust Handbook explores the important intersection between antitrust law and the transportation industries with a focus on the motor, rail, airline, and ocean shipping sectors. The handbook provides in-depth coverage of antitrust enforcement in the United States and globally. It addresses, in particular, the evolving role of industry-specific regulators (such as Product Code 5030615 the DOT and FAA) in enforcing the antitrust laws. $199.00 List Price $169.00 AT Members
Written by practitioners in the transportation industries for the antitrust and transportation communities, the Transportation Antitrust Handbook is a must-have reference for counsel active in these industries.
Energy Antitrust Handbook, Second Edition
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2009, Paperbook, 286 pages, 6x9
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Product Code 5030535 $159.00 List Price $129.00 AT Members
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.
2008, Hardcover, 3 Volumes, 2,450 pages, 7x10
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. This book is the perfect complement to Antitrust Law Developments, the premier handbook on U.S. antitrust law, as Antitrust Law Developments scrupulously avoids policy issues. Issues in Competition Law and Policy now fills this informational void for the first time.
Product Code 5030522 $555.00 List Price $495.00 AT Members
Of Special Interest
Issues in Competition Law and Policy
Here’s what’s included in this three-volume set: In 9 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. 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. 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.
This massive three-volume hardcover book is essential for judges, enforcement officials, lawyers, and economists for understanding the jurisprudential, substantive, and methodological issues confronting modern competition law and policy, and each chapter in this 2,400+ page book will provide a comprehensive, up-to-date, and balanced survey of the area it covers. The authors of this book include policy makers, academics, economists, and lawyers from across the globe, ensuring a variety of perspectives and approaches on competition law and policy. It’s the complete resource for anyone who deals with competition laws.
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In the 12 chapters and over 260 page final, 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.
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Of Special Interest Order by phone (800) 285-2221 44
Telecom Antitrust Handbook, Second Edition 2013, Paperbook, 545 pages, 6x9
Product Code 5030599 $199.00 List Price $169.00 AT Members
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 Court’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.
2010, Paperbook, 348 pages, 6x9
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 Product Code 5030559 of competition policy in distressed industries, the history $159.00 List Price of government regulation in the face of economic crisis, $129.00 AT Members causes of the current financial crisis, competition policy for health care in the United States, and state aid in Europe and around the world.
Of Special Interest
Competition as Public Policy
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.
Order online www.ShopABA.org 45
Predatory and Unfair Business Conduct Order by phone (800) 285-2221 46
Business Torts and Unfair Competition Handbook, Third Edition 2013, Paperbook, 466 pages, 6x9
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 Product Code 5030601 the intersection of antitrust and business tort and unfair competition law. $199.00 List Price $169.00 AT Members
Available in eBook format
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 “competitive privilege� 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. 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. Business Torts and Unfair Competition Handbook, Third Edition, makes this developing and ever-changing area of law more accessible to antitrust and non-antitrust practitioners alike.
2011, Paperbook, 395 pages, 6x9
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 Product Code 5030547 Dominance Handbook addresses the antitrust rules and $159.00 List Price principles that govern unilateral business conduct by $129.00 AT Members 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.
#26 Electronic Commerce Monograph (2011) (PC 5030549) $99.00/$139.00 #21 State Merger Enforcement (1995) (PC 5030264) $30.00 #20 Special Defenses in International Antitrust Litigation (1995) (PC 5030260) $30.00 #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
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The Antitrust Monograph Series
Predatory and Unfair Business Conduct
Monopolization and Dominance Handbook
47
Section Membership
Not a Section Member? Join Now! 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 7,000 attorneys, academics, economists and other professionals across 50 countries. Visit us at ambar.org/antitrust.
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, International Cartel Conference, Merger Conference, and more. • Learn from an experienced mentor (or a young mentee) through our Young Lawyers Mentoring Program. Get Involved • Join any of 28 committees at no cost; participate in active groups of professionals who share your interest in a specialized area of law. • Open the door to speaking, publishing, and volunteer opportunities. • Participate in active online discussions and over 150 dial-in programs. Stay Informed • Get Antitrust Magazine, Antitrust Law Journal, and The Antitrust Source subscriptions for free. • Choose from over 60 newsletters for focused analysis and current awareness. Get Exclusive Resources and Discounts • Receive discounts on indispensable publications, conferences, and CLE. • U.S. and international government employees, ask about our discounted Public Service Group Membership rates. • Access all section and committee content on our all-in-one content platform, CONNECT. Hear and discuss the latest in antitrust and consumer protection, collaborate with your Section colleagues, and connect with new ones.
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Join at ambar.org/antitrust or call 800-285-2221.
48
ABA members can join the Section of Antitrust Law for $60. Law students and government employees can join for free.
To learn more about Section conferences, visit www.ambar.org/antitrust.
Global Seminar Series www.ambar.org/ATSeminarSeries
Antitrust in the Americas June 11-12, 2015 JW Marriott Hotel Rio de Janeiro, Brazil www.ambar.org/ATAmericas
Merger Workshop October 1, 2015 George Washington University Jack Morton Auditorium Washington, DC www.ambar.org/ATMergers
Conference Calendar
ABA Section of Antitrust Law Conference Calendar
Antitrust Intellectual Property Conference October 8, 2015 Stanford Law School Palo Alto, CA www.ambar.org/AntitrustIP
Fall Forum November 12, 2015 National Press Club Washington, DC www.ambar.org/ATFallForum
Junior Scholars Program TBA New York University School of Law New York, NY www.ambar.org/ATScholars
International Cartel Workshop January 2016 Japan www.ambar.org/ATCartel
64th Antitrust Law Spring Meeting
Antitrust in Healthcare Conference May 12-13, 2016 Ritz-Carlton Pentagon City Arlington, VA
Antitrust in Asia 2016 Hong Kong www.ambar.org/ATAsia
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April 6-8, 2016 JW Marriott Hotel and National Press Club Washington, DC www.ambar.org/ATSpring
49
Index
Index 2013 Annual Review of Antitrust Law Developments . . . . . . . . . . . . . . . . . . . . . 2 2014 Annual Review of Antitrust Law Developments . . . . . . . . . . . . . . . . . . . . . 2 Antitrust Aspects of Standard Setting, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Antitrust Law Developments, 7e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Antitrust and Associations Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Antitrust Class Actions Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Antitrust Compliance, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Antitrust Counterattack in Intellectual Property Litigation Handbook . . . . 30 Antitrust Discovery Handbook, 3e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Antitrust Grand Jury Investigations, 3e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Antitrust Issues in International Intellectual Property Licensing Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 An Antitrust Guide for Trade Association Professionals and Members . . . 27 Antitrust Handbook for Franchise and Distribution Practitioners . . . . . . . . 25 Antitrust Health Care Handbook, 4e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Antitrust Monograph Series . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Business Torts and Unfair Competition Handbook, 3e . . . . . . . . . . . . . . . . . . 46 Category Management Antitrust Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Competition as Public Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Competition Laws Outside the United States, 2e . . . . . . . . . . . . . . . . . . . . . . 22 Consumer Protection Law Developments (2013 Review) . . . . . . . . . . . . . . . . 33 Consumer Protection Law Developments (2011 Review) . . . . . . . . . . . . . . . . . 34 Consumer Protection Law Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Consumer Protection Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
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Criminal Antitrust Litigation Handbook, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Data Security Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 DOJ Civil Antitrust Practice and Procedure Manual . . . . . . . . . . . . . . . . . . . . . 12 Econometrics, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Electronic Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Energy Antitrust Handbook, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Federal Antitrust Guidelines for the Licensing of Intellectual Property, 3e . . 32 Franchise and Dealership Termination Handbook, 2e . . . . . . . . . . . . . . . . . . . 23 Frequently Asked Antitrust Questions, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 FTC Practice and Procedure Manual, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Handbook on the Scope of Antitrust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Health Care Mergers and Acquisitions Handbook . . . . . . . . . . . . . . . . . . . . . . 37 Indirect Purchaser Litigation Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Intellectual Property and Antitrust Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . 31
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Index
Interlocking Directorates Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 International Antitrust Cooperation Handbook . . . . . . . . . . . . . . . . . . . . . . . . . 21 Issues in Competition Law and Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Joint Ventures, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Market Power Handbook, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Market Definition in Antitrust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Mergers and Acquisitions: Understanding the Antitrust Issues, 3e . . . . . . . . . 5 The Merger Review Process, 4e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Messenger Model Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Model Jury Instructions in Criminal Antitrust Cases . . . . . . . . . . . . . . . . . . . . . 18 Monopolization and Dominance Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Obtaining Discovery Abroad, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Pharmaceutical Industry Antitrust Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Premerger Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Premerger Notification Practice Manual, 5e . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Price Discrimination Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 A Primer on the Federal Price Discrimination Laws, 3e . . . . . . . . . . . . . . . . . 27 A Primer on the Law of Information Exchange, 2e . . . . . . . . . . . . . . . . . . . . . 27 A Primer on the Law of Joint Purchasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 A Primer on the Law of Mergers and Acquisitions . . . . . . . . . . . . . . . . . . . . . 27 Proof of Conspiracy Under Federal Antitrust Laws . . . . . . . . . . . . . . . . . . . . . . 14 RICO State By State, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 The Right Against Self-Incrimination in Civil Litigation . . . . . . . . . . . . . . . . . . 15 Rule of Reason Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Sports and Antitrust Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
State Antitrust Enforcement Handbook, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 State Antitrust Practice and Statutes, 5e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Telecom Antitrust Handbook, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Transportation Antitrust Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 U.S. Antitrust Sources Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
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State Action Practice Manual, 2e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
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Notes
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