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Antitrust and Competition Law Tutorial, Comparative Analysis of U.S

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Antitrust and Competition Law Tutorial, Comparative Analysis of U.S Antitrust and Competition Law Tutorial, Comparative Analysis of U.S. and E.U. Law Santa Clara University School of Law 2020 Summer Law Program at Oxford University July 3-31 Professor Catherine Sandoval, Santa Clara University (Rhodes Scholar, M.Litt. Oxford) Syllabus, Summer 2020 for Three Credit Tutorial SCU Law Oxford Summer Law Program Information is Available at: https://international.scu.edu/index.cfm?FuseAction=Programs.ViewProgramAngular&id =10015 Textbooks Required: COMPETITION LAW AND POLICY IN THE EU AND UK, Barry Rodger and Angus MacCulloch (5th Edition 2014) ANTITRUST LAW AND POLICY, Sullivan, Hovenkamp, Shelanski & Leslie (8th Edition 2019) Other Materials as listed in the tutorial syllabus are available at the Bodleian Library. Designated materials will be sent as a PDF to enrolled students by Professor Sandoval. Instructor: Professor Catherine Sandoval has taught Antitrust Law since 2004 and published articles on Antitrust Law Market Definition, the Federal Trade Commission Act, and Antitrust and Intellectual Property issues including analysis of agreements between Pharmaceutical Patent Holders and Generic Drug Markers Regarding Generic Market Entry. As a Commissioner of the California Public Utilities Commission (CPUC) from Jan. 2011-Jan. 2017, she led the CPUC’s investigation into several license transfer applications in the context of mergers including the applications to transfer T-Mobile’s California licenses to AT&T, and the application to transfer Verizon’s landline licenses and assets to Frontier. She was retained by the California Attorney General’s Office as an expert in the Sprint-T-Mobile merger litigation brought in 2019 by the Attorneys General of 13 states and the District of Colombia. As Vice-President and General Counsel of Z-Spanish Media Corporation, she led the legal and regulatory proceedings at the U.S. Department of Justice and Federal Communications Commission that approved the merger of Z-Spanish Media and Entravision Communications Corporation. Professor Sandoval holds a B.A. from Yale University, an M.Litt from Oxford University, and a J.D. from Stanford Law School. She hails from a trailer park in East Los Angeles, was the first in her family to earn a B.A., the first Latina to win a Rhodes Scholarship, and the first Latinx CPUC Commissioner. Professor Sandoval can be reached at: [email protected]. To communicate with Professor Sandoval regarding the Antitrust Law Tutorial at SCU Law’s Oxford University Summer Law Program please label the heading: Oxford Antitrust Tutorial. These steps will help Professor Sandoval give priority to your questions or submissions. Page numbers refer to the textbooks above. Case names are highlighted in italics. 1 Tutorial Overview 1. Introductory Meeting, July 3, Goals of Competition and Antitrust Law 2. Tutorial One, July 7, Antitrust Market Definition, Platforms, and Multi-sided Markets 3. Tutorial Two, July 14, Abuse of Dominance, Abuse of Monopoly Power 4. Tutorial Three, July 20, Antitrust Analysis of Mergers and Joint Ventures 5. Tutorial Four, July 24, Collusion, Conspiracies, Price Fixing, and Information Exchange, Antitrust in the Algorithm Age 6. Tutorial Five, July 29, Antitrust and Intellectual Property I. Tutorial Introductory Meeting July 3: Antitrust and Competition Law Theory COMPETITION LAW AND POLICY IN THE EU AND UK, pp. 2-29. ANTITRUST ENFORCEMENT IN THE E.U., 32-71 This tutorial will discuss an overview of Antitrust and Competition Law Theory in the United States, U.K. and European Union (EU). No paper is assigned for this meeting. Students should be prepared to discuss the reading materials. See, https://ec.europa.eu/competition/antitrust/overview_en.html Directorate-General Competition, (DG Comp), https://ec.europa.eu/dgs/competition/index_en.htm II. July 7, Tutorial One, First Paper Due July 6 by 9:00 p.m. via email to Professor Sandoval Antitrust Market Definition COMPETITION LAW AND POLICY IN THE EU AND UK, pp. 2-29. COMPETITION LAW AND POLICY IN THE EU AND UK, pp. 74-89. ANTITRUST LAW AND POLICY, pp. 677-705; 714-730; 736-747 [emphasis on American Can (677); Alcoa (691); DuPont (723) Grinnell (741)] Platforms and Multi-sided Markets ANTITRUST LAW AND POLICY, pp. 571-598, (emphasis on American Express (571)) ANTITRUST ANALYSIS OF PLATFORM MARKETS: WHY THE SUPREME COURT GOT IT RIGHT IN AMERICAN EXPRESS, David Evans, Richard Schmalensee (2019) (available at Bodleian Library); pp. 9-49 2 E.U. Analysis of Facebook Acquisition of Whats App, Market Definition and Network Effects, https://ec.europa.eu/commission/presscorner/detail/en/IP_14_1088. https://ec.europa.eu/competition/mergers/cases/decisions/m7217_20141003_20310_3962 132_EN.pdf. E.U. Fines Facebook €110 million ($122.7 million) for Providing Regulators Incorrect or Misleading Information for the EU Commission Analysis of Facebook’s Acquisition of Whats App, https://ec.europa.eu/commission/presscorner/detail/en/IP_17_1369 Essay topic: Analyze theories of product and geographic market definition, contrasting consumer-centric theories that focus on product substitutability and innovation-based theories that focus on dynamic market change. Discuss the challenges of platform and multi-sided markets to market definition and conceptualizations of behavior that should be subject to antitrust inquiry and enforcement. III. July 14, Tutorial Two, Second Paper Due July 13 by 9:00 p.m. via email to Professor Sandoval Abuse of Dominance, Abuse of Monopoly Power COMPETITION LAW AND POLICY IN THE EU AND UK, pp. 92-139. HANDBOOK ON EUROPEAN COMPETITION LAW: SUBSTANTIVE ASPECTS, Ioannis Lianos, Damien Geradin, Ch. 10, pp. 423-473, Abuse of Dominance, Exclusionary Pricing Abuses, Alison Jones and Liza Lovdahl Gormsen; Ch. 11, pp. 473-515, Abuse of Dominance, Exclusionary Non-Pricing Abuses, Renato Nazzini (2013) (@ Bodleian Library) ANTITRUST LAW AND POLICY, pp. 191-205 [emphasis on Chicago Bd. Trade (194), Appalachian Coals (202)], pp. 205-215 [emphasis on Socony Vacuum (p.206)]. Antitrust Procedures in Abuse of Dominance, European Union Analysis, https://ec.europa.eu/competition/antitrust/procedures_102_en.html Digital Platforms and Firms, Antitrust Analysis: Remarks at panel discussion “Antitrust and digital platforms around the world,” 2019, file:///C:/Users/Owner/Documents/Oxford%202020%20Summer%20Law%20Progr am/Antitrust%20Tutorial/Syllabus/Johannes%20Laitenberger%20DG%20Comp %20EU%20Digital%20Economy%20Competition%20Analysis%20March%20201 9.pdf Antitrust Law in the Digital Age: Developments in EU competition control in the global and digital age, Johannes Laitenberger Director-General for Competition, European Commission, Fordham 3 Antitrust Law and Policy Conference – New York, 6 September 2018, https://ec.europa.eu/competition/speeches/text/sp2018_12_en.pdf European Commission, DG Comp, Google Android Decision, Abuse of Dominance, 2018, file:///C:/Users/Owner/Documents/Oxford%202020%20Summer%20Law%20Program/A ntitrust%20Tutorial/Syllabus/EU%20Google%20Android%20Decision%202018.pdf European Commission, DG Comp, Google Android Decision and €4.34 Fine, Abuse of Dominance, 2018, https://ec.europa.eu/commission/presscorner/detail/en/IP_18_4581 European Commission fines Google €2.42 billion for abusing its market dominance as a search engine by giving an illegal advantage to another Google product, its comparison shopping service, https://ec.europa.eu/commission/presscorner/detail/en/IP_17_1784 European Commission, Google Search (Shopping) Abuse of Dominance Decision, 2014, file:///C:/Users/Owner/Documents/Oxford%202020%20Summer%20Law%20Program/A ntitrust%20Tutorial/Syllabus/EU%20Google%20Search%20Shopping%20Decision%202 017.pdf Attorneys General of Several States Investigate Facebook for Allegations of Abuse of Monopoly Power, Sept. 2019, https://ag.ny.gov/press-release/2019/ag-james- investigating-facebook-possible-antitrust-violations; https://ag.ny.gov/press-release/2019/attorney-general-james-gives-update-facebook- antitrust-investigation Attorneys General of Several States Investigate Google to Determine if Google Violated U.S. Antitrust Laws to Gain or Maintain Monopoly Power, Sept. 2019, https://ag.ny.gov/press-release/2019/attorney-general-james-announces-antitrust- investigation-google Deceptive Conduct, Misrepresentation and the Federal Trade Commission Act, FTC Fines Facebook $5 billion for Misrepresentation and Deceptive Conduct Regarding Privacy Settings Relevant to Cambridge Analytica Investigations, https://www.ftc.gov/news-events/press-releases/2019/07/ftc-imposes-5-billion-penalty- sweeping-new-privacy-restrictions FTC v. Facebook, Complaint, file:///C:/Users/Owner/Documents/Oxford%202020%20Summer%20Law%20Program/A ntitrust%20Tutorial/Syllabus/FTC%20v%20Facebook%20Complaint.pdf U.S. DOJ Launches “Big Tech” Antitrust Investigations, https://www.cnbc.com/2019/07/23/doj-reportedly-to-open-broad-antitrust-review-of-big- tech-tech-stocks-dip.html 4 Apple Considering Allowing 3rd Party Apps, User Changes of Default Apps during “Big Tech” Antitrust Probes, Feb. 2020, https://mspoweruser.com/following-major-ftc-probe-apple-planning-to-allow-3rd-party- apps-as-default-on-ios/ Essay topic: Contrast theories of monopoly power and abuse of dominance in U.S., U.K. and E.U. Antitrust jurisprudence. Analyze themes and major issues in the antitrust and competition policy investigations into leading Internet and digital firms including Facebook and Google, contrasting theories of abuse of monopoly power as compared to abuse of dominance. Explore the limits of antitrust abuse of monopoly
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