S. Antitrust in Action
Course Information
- Course Number
- L9509
- Curriculum Level
- Upperclass
- Areas of Study
- Administrative Law and Public Policy, Commercial Law and Transactions
- Type
- Seminar
Section 001 Information
Instructor

Section Description
The focus of Antitrust in Action is the application of antitrust principles to issues frequently faced by practitioners, particularly in the context of advising and representing corporate clients. The course comprises 13 two-hour sessions in the spring semester.
Students will receive two graded academic credits total. Grades will be based on a several mini-papers and assignments. The course will be open to J.D., LL.M.,and M.B.A. candidates who have completed a basic course in antitrust law or who secure the permission of the instructors.
The course will focus on three practical questions faced by antitrust lawyers: how do antitrust lawyers develop a view about a particular transaction or communicating a view; and to what extent and how do lawyers shape their clients' conduct. The course will consider these questions from the perspectives of both private antitrust lawyers and government enforcers.
The course will consider five areas of antitrust: merger analysis, competitor collaborations, private antitrust enforcement, the intersection of antitrust and intellectual property law, and unilateral conduct. The course will explore these areas through a mix of methods including role playing and discussions with visiting economists. We will look comparatively at the different approaches required by different jurisdictions.
At the end of this course, students will have a deep understanding of the issues confronting enterprises conducting their ordinary course of business in today's antitrust environment. Students who successfully complete the course will be able to identify potential antitrust problems facing businesses in any commercial setting and learn to think through the solutions. The course will integrate the litigation risk, strategy and defense associated with a wide variety of practices.
The course will be taught by David Marriott, partner at Cravath, Swaine & Moore LLP. David Marriott is a litigator whose practice focuses on complex litigation, including antitrust litigation.
- School Year & Semester
- Spring 2024
- Location
- JGH 602
- Schedule
-
Class meets on
- Tuesday
- Points
- 2
- Method of Evaluation
- Other
- J.D Writing Credit?
- Minor (automatic)
Learning Outcomes
- Primary
-
- At the end of the course, students will have acquired understanding of and/or facility in statutory and regulatory analysis, including close reading of statutes and regulations, and application to facts
- At the end of the course, students will have acquired understanding of and/or facility in judicial, legislative and/or administrative processes
- At the end of the course, students will have acquired understanding of and/or facility in various lawyering skills, for example, oral advocacy, legal writing and drafting, legal research, negotiation, mediation, working collaboratively, client communication, and case theory and planning
Course Limitations
- Instructor Pre-requisites
- L6293 Antitrust and Trade Regulation
- Instructor Co-Requisites
- None
- Requires Permission
- No
- Recommended Courses
- None
- Other Limitations
- The course will be open to J.D., LL.M.,and M.B.A. candidates who have completed a basic course in antitrust law or secure the permission of the instructors.