I Statutory Overview and Historical Background

Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
CHAPTER 1 Antitrust Policy and Enforcement
CHAPTER 2 The Sherman Act
CHAPTER 3 The Clayton Act
CHAPTER 4 The Robinson-Patman Act
CHAPTER 5 Overview and Jurisdictional Elements of the Federal Trade Commission Act
CHAPTER 6 Jurisdictional Reach of the Antitrust Laws: Interstate and Foreign Commerce
Chapter 7 RESERVED
CHAPTER 8 Antitrust and the Common Law
CHAPTER 9 The History of Antitrust Legislation
Chapter 10 RESERVED

II Restraints of Trade

Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
CHAPTER 11 Restraints of Trade: An Introduction
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
CHAPTER 12 The Per Se Rule and the Rule of Reason
Division B SUBPART B HORIZONTAL RESTRAINTS
CHAPTER 13 Horizontal Price Fixing
Division B SUBPART B HORIZONTAL RESTRAINTS
CHAPTER 14 Horizontal Market Allocation
Division B SUBPART B HORIZONTAL RESTRAINTS
CHAPTER 15 Horizontal Refusals to Deal
Division B SUBPART B HORIZONTAL RESTRAINTS
Chapters 16 RESERVED
Division C SUBPART C VERTICAL RESTRAINTS
CHAPTER 18 Vertical Price Restraints
Division C SUBPART C VERTICAL RESTRAINTS
CHAPTER 19 Nonprice Vertical Restraints
Division C SUBPART C VERTICAL RESTRAINTS
Chapter 20 RESERVED
Division C SUBPART C VERTICAL RESTRAINTS
CHAPTER 21 General Principles Relating to All Exclusionary Purchasing Arrangements
Division C SUBPART C VERTICAL RESTRAINTS
CHAPTER 22 Tying Arrangements
Division C SUBPART C VERTICAL RESTRAINTS
CHAPTER 23 Exclusive Dealing/Requirements Contracts and Reciprocal Dealing Arrangements

III Monopolization Offenses

CHAPTER 24 Market Definition
CHAPTER 25 Actual Monopolization
CHAPTER 26 Attempts and Conspiracies to Monopolize
CHAPTER 27 Predatory Pricing and Other Predatory Conduct
Chapter 28 RESERVED

IV Mergers and Acquisitions, Joint Ventures, and Interlocking Directorates

CHAPTER 29 Antitrust Statutes Applicable to Mergers and Acquisitions
CHAPTER 30 Determining Legality and Defenses
CHAPTER 31 Federal and State Merger Guidelines
CHAPTER 32 Remedies in Merger Cases
Chapter 33 RESERVED
CHAPTER 34 Premerger Notification
CHAPTER 35 Interlocks Among Directors and Officers
Chapter 36 RESERVED

V Price Discrimination

CHAPTER 37 Elements of Price Discrimination
CHAPTER 38 Competitive Injury and Primary Line Injury
CHAPTER 39 Competitive Injury at the Customer Level
CHAPTER 40 Defenses to Price Discrimination
CHAPTER 41 Brokerage
CHAPTER 42 Promotional Allowances and Services
CHAPTER 43 Buyer Liability for Price Discrimination
CHAPTER 44 Criminal Liability for Price Discrimination
Chapters 45 RESERVED

VI Immunities and Exemptions

CHAPTER 47 Immunities and Exemptions
Chapter 48 RESERVED
CHAPTER 49 The Parker Doctrine: State Action Immunity
CHAPTER 50 The Noerr-Pennington Doctrine: Antitrust Immunity for Efforts to Influence Government Action
CHAPTER 51 Export Trade: Limited Immunity Under the Export Trade Company Act and the Webb-Pomerene Act
Chapter 52 RESERVED
CHAPTER 53 Exemptions for Insurance
CHAPTER 54 Exemptions for Labor
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
CHAPTER 55 Exemptions for Agricultural Cooperatives and Fishermen
CHAPTER 56 Exemptions for Professional Sports
CHAPTER 57 Statutory Exemptions for Joint Ventures
CHAPTER 58 The Soft Drink Interbrand Competition Act
Chapter 59 RESERVED

VII Regulated Industries and Markets

CHAPTER 60 The Doctrines of Exclusive (Implied Repeal) and Primary Jurisdiction: Antitrust Exemptions for Regulated Industries
CHAPTER 61 The Filed Rate, or Keogh, Doctrine
Chapters 62 RESERVED
CHAPTER 64 Telecommunications
Chapter 65 RESERVED
CHAPTER 66 Exchanges, Financial Institutions, and Markets
CHAPTER 67 Transportation
Chapter 68 RESERVED
CHAPTER 69 Energy

VIII Health Care and the Learned Professions

CHAPTER 70 Health Care
CHAPTER 71 The Learned Professions, Higher Education, and the Antitrust Laws

IX Intellectual Property

CHAPTER 72 Antitrust and Intellectual Property: An Introduction
CHAPTER 73 Acquisition, Fraudulent Procurement, Nonuse, and Bad Faith Enforcement of Intellectual Property Rights
CHAPTER 74 Licensing and Cross-licensing of Intellectual Property CHAPTER 75 Misuse of Intellectual Property

X Federal Trade Commission Enforcement

CHAPTER 76 Enforcement by the Federal Trade Commission: An Overview
CHAPTER 77 Unfair Competition
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
CHAPTER 78 Unfair or Deceptive Acts and Practices
CHAPTER 79 Federal Trade Commission Investigations
CHAPTER 80 Federal Trade Commission Adjudicative Proceedings
CHAPTER 81 Remedial Powers of the Federal Trade Commission
CHAPTER 82 Federal Trade Commission Consent Orders: Settlement
CHAPTER 83 Judicial Review and Enforcement of Federal Trade Commission Actions
CHAPTER 84 FTC Rulemaking, Advisory Opinions, Industry Guides, Surveys, and Reports
Chapter 85 RESERVED
Chapter 86 RESERVED
Chapter 87 RESERVED
Chapter 88 RESERVED
Chapter 89 RESERVED

XI Department of Justice Enforcement

CHAPTER 90 Antitrust Enforcement by the Department of Justice: An Introduction
CHAPTER 91 Department of Justice Preliminary Investigations
CHAPTER 92 Full-Scale Investigations by the Department of Justice
CHAPTER 93 Civil Investigative Demands
Chapter 94 RESERVED
CHAPTER 95 Government Civil Antitrust Suits
CHAPTER 96 Consent Decrees
CHAPTER 97 Criminal Antitrust Suits
CHAPTER 98 Nolo Contendere Pleas
Chapter 99 RESERVED

XII State Antitrust and Trade Regulation Laws

CHAPTER 100 State Antitrust Law
CHAPTER 101 Alabama
CHAPTER 102 Alaska
CHAPTER 103 Arizona
CHAPTER 104 Arkansas
CHAPTER 105 California
CHAPTER 106 Colorado
CHAPTER 107 Connecticut
CHAPTER 108 Delaware
CHAPTER 109 Florida
CHAPTER 110 Georgia
CHAPTER 111 Hawaii
CHAPTER 112 Idaho
CHAPTER 113 Illinois
CHAPTER 114 Indiana
CHAPTER 115 Iowa
CHAPTER 116 Kansas
CHAPTER 117 Kentucky
CHAPTER 118 Louisiana
CHAPTER 119 Maine
CHAPTER 120 Maryland
CHAPTER 121 Massachusetts
CHAPTER 122 Michigan
CHAPTER 123 Minnesota
CHAPTER 124 Mississippi
CHAPTER 125 Missouri
CHAPTER 126 Montana
CHAPTER 127 Nebraska
CHAPTER 128 Nevada
CHAPTER 129 New Hampshire
CHAPTER 130 New Jersey
CHAPTER 131 New Mexico
CHAPTER 132 New York
CHAPTER 133 North Carolina
CHAPTER 134 North Dakota
CHAPTER 135 Ohio
CHAPTER 136 Oklahoma
CHAPTER 137 Oregon
CHAPTER 138 Pennsylvania
CHAPTER 139 Rhode Island
CHAPTER 140 South Carolina
CHAPTER 141 South Dakota
CHAPTER 142 Tennessee
CHAPTER 143 Texas
CHAPTER 144 Utah
CHAPTER 145 Vermont
CHAPTER 146 Virginia
CHAPTER 147 Washington
CHAPTER 148 West Virginia
CHAPTER 149 Wisconsin
CHAPTER 150 Wyoming
CHAPTER 151 District of Columbia
CHAPTER 152 Territories of the United States
CHAPTER 153 Puerto Rico
CHAPTER 154 Virgin Islands
Chapter 155 RESERVED
Chapter 156 RESERVED
Chapter 157 RESERVED
Chapter 158 RESERVED
Chapter 159 RESERVED

XIII Private Antitrust Actions

CHAPTER 160 Private Antitrust Actions: An Introduction
CHAPTER 161 Standing to Sue Under the Antitrust Laws
CHAPTER 162 Antitrust Statutes of Limitations
CHAPTER 163 Venue, Personal Jurisdiction, and Service of Process in Antitrust Actions
CHAPTER 164 Pleadings in Antitrust Actions
CHAPTER 165 Multidistrict Litigation in Antitrust Actions
CHAPTER 166 Certifying Antitrust Class Actions
CHAPTER 167 Summary Judgment in Antitrust Actions
CHAPTER 168 Discovery in Antitrust Actions
CHAPTER 169 Use of Final Government Judgments and Decrees in Private Antitrust Actions
CHAPTER 170 Special Considerations in Trying Antitrust Cases
CHAPTER 171 Damages in Private and Parens Patriae Antitrust Actions
CHAPTER 172 Declaratory Judgments, Equitable Relief, and Attorneys’ Fees and Costs in Antitrust Actions
Chapter 173 RESERVED
CHAPTER 174 Tax Aspects of Antitrust Litigation
Chapters 175 RESERVED

XIV International Competition Laws

CHAPTER 200 Canada
Chapter 201 RESERVED
Chapter 202 RESERVED
CHAPTER 203 European Union
CHAPTER SA203 Special Alert SA203 to Chapter 203 European Union
CHAPTER 204 United Kingdom
CHAPTER SA204 Special Alert SA204 to Chapter 204 United Kingdom
CHAPTER 205 France
CHAPTER 206 Germany
CHAPTER 207 Italy
CHAPTER 208 Belgium
CHAPTER SA208 Special Alert SA208 to Chapter 208 Belgium
CHAPTER 209 Finland
CHAPTER 210 Greece
CHAPTER SA210 Special Alert SA210 to Chapter 210 Greece
CHAPTER 211 Ireland
CHAPTER 212 Austria
CHAPTER 213 Luxembourg
CHAPTER SA213 Special Alert SA213 to Chapter 213 Luxembourg
CHAPTER 214 Denmark
CHAPTER 215 Netherlands
CHAPTER SA215 Special Alert SA215 to Chapter 215 Netherlands
CHAPTER 216 Spain
CHAPTER 217 Sweden
CHAPTER 218 Portugal
CHAPTER 219 Switzerland
CHAPTER 220 Poland
CHAPTER 221 Czech Republic
CHAPTER 222 Slovak Republic
CHAPTER 223 Slovenia
CHAPTER 224 Hungary
CHAPTER 225 Cyprus
CHAPTER 226 Malta
CHAPTER 227 Estonia
CHAPTER 228 Latvia
CHAPTER 229 Lithuania
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
1 APPENDIX BIB RESOURCES ON Antitrust Statutes — Overview and History
[1B] Antitrust Statutes — Overview and History
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
1 APPENDIX BIB RESOURCES ON Federal Trade Commission Enforcement
[XB] Federal Trade Commission Enforcement
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
1 APPENDIX BIB RESOURCES ON Department of Justice Enforcement
[XIB] Department of Justice Enforcement
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
1 APPENDIX BIB RESOURCES ON Private Antitrust Actions
[XIIIB] Private Antitrust Actions
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
1 APPENDIX BIB RESOURCES ON Restraints of Trade
[IIBib] Restraints of Trade
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
1 APPENDIX BIB RESOURCES ON Monopolization
[IIIBib] Monopolization
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
1 APPENDIX BIB RESOURCES ON Mergers, Acquisitions, and Joint Ventures
[IVBib] Mergers, Acquisitions, and Joint Ventures
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
1 APPENDIX BIB RESOURCES ON PRICE DISCRIMINATION
[VB-1] PRICE DISCRIMINATION
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
1 APPENDIX BIB RESOURCES ON Immunities and Exemptions
[VIBib] Immunities and Exemptions
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
1 APPENDIX BIB RESOURCES ON Health Care
[VIIIBib] Health Care
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
1 APPENDIX BIB RESOURCES ON Intellectual Property
[IXBib] Intellectual Property
CHAPTER 5A The Wilson Tariff Act
Appendix 32-A: ANTITRUST DIVISION POLICY GUIDE TO MERGER REMEDIES
Appendix 32-B: Statement of the Federal Trade Commission’s Bureau of Competition on Negotiating Merger Remedies
Appendix 32-C: Frequently Asked Questions About Merger Consent Order Provisions
Appendix 51: Export Trade Certificate Guidelines
Division A SUBPART B RESTRAINTS: GENERAL PRINCIPLES
Appendix 64: The Race for Local Competition: A Long Distance Run, Not a Sprint
Appendix 69: Making the Transition From Regulation to Competition: Thinking
About Merger Policy During the Process of Electric Power Restructuring Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
Appendix 76: FTC Advisory Opinion Policy and Procedure
Appendix 78: FTC Interpretation of Magnuson-Moss Warranty Act
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
Appendix 80: FTC Rules for Adjudicative Proceedings
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
Appendix 82: FTC Consent Order Procedure
Division A SUBPART A RESTRAINTS: GENERAL PRINCIPLES
Appendix 84: Selected FTC Guides and Trade Practice Rules
Division A SUBPART B RESTRAINTS: GENERAL PRINCIPLES
Appendix 90-A: Antitrust Division Business Review Procedure
Appendix 90B: ANTITRUST DIVISION 2002 ORGANIZATION CHART
Appendix 90C: ANTITRUST DIVISION WORKLOAD STATISTICS FY 1994- 2003
Division A SUBPART B RESTRAINTS: GENERAL PRINCIPLES
Appendix 91A: Hart-Scott-Rodino Premerger Program Improvements
Division A SUBPART B RESTRAINTS: GENERAL PRINCIPLES
Appendix 91B: Second Request Internal Appeal Procedure (Revised June 2001)
Division A SUBPART B RESTRAINTS: GENERAL PRINCIPLES
Appendix 91C: Merger Review Process Initiative
Chapter 94 RESERVED
Division A SUBPART B RESTRAINTS: GENERAL PRINCIPLES
Appendix 97-A: Strengthening the “Good Citizen” Corporation: The Experience and Views of the Antitrust Division
Division A SUBPART B RESTRAINTS: GENERAL PRINCIPLES
Appendix 97-B: Corporate Leniency Policy: Answers to Recurring Questions
Appendix 105: California Insurance Industry Guidelines
Appendix 121: Massachusetts Hospital Merger Guidelines
Appendix 163: Statutes and Rules Relating to Venue, Jurisdiction, and Service of Process
Appendix 164: Selected Rules Relating to Pleadings
Appendix 165: Multidistrict Litigation Act
Appendix 166: Class Action Rule
Appendix 168: Rules Relating to Discovery
Appendix 170: Rules Relating to Trial of Antitrust Actions
Appendix 172: Statutes and Rules Relating to Declaratory Judgment
Appendix 200-A: Competition Act (Canada)
Appendix 200-B: Competition Tribunal Act (Canada)
Appendix 200-C: Competition Tribunal Rules (Canada)
Appendix 200-D: Notifiable Transactions Regulations (Canada)
Appendix 200-E: Premerger Notification Long Form (Canada)
Appendix 200-F: Premerger Notification Short Form (Canada)
Appendix 204-A: Competition Act 1998 (UK)
Appendix 204-B: Fair Trading Act 1973 (UK)
Appendix 204-C: Early Guidance Form EG (UK)
Appendix 204-D: Office of Fair Trading Merger Guidelines (UK)
Appendix 204-H: Premerger Notification Form (UK)
CHAPTER SA208A Special Alert SA208A to Chapter 208 Belgium 2005 Update
CHAPTER SA212Special Alert SA212 to Chapter 2Austria
CHAPTER SA216Special Alert SA216 to Chapter 14

von Kalinowski,O. Julian

Julian O. von Kalinowski is the original author of Antitrust Laws and Trade Regulation, the most authoritative antitrust treatise available. Together with Peter Sullivan and Maureen McGuirl, he is co-author of the recently issued Second Edition. He is also the author of Antitrust Laws and Trade Regulation: Desk Edition, and general editor of Antitrust Counseling and Litigation Techniques.

Mr. von Kalinowski presently serves as Chairman Emeritus for Dispute Dynamics, Inc., having previously served as Chief Executive Officer. As a renowned litigation authority with over forty years' experience, he provides consulting expertise to the nation's leading attorneys, politicians, and senior level executives.

Prior to joining Litigation Sciences, Inc., Mr. von Kalinowski was a senior partner with Gibson, Dunn & Crutcher, one of the nation's leading law firms, and was chairman of its Executive Committee. During that time, he specialized in complex litigation, including antitrust matters.

Mr. von Kalinowski is the past chairman of the American Bar Association's Section on Antitrust Law. He is a Fellow of both the American College of Trial Lawyers and the American Bar Foundation. He is past chairman of the Complex Litigation Committee of the American College of Trial Lawyers. In addition, he has served as a United Nations Expert on Mission to the People's Republic of China, lecturing on the Transfer of Technology and assisting the Republic in the development of its patent code.

He is a vice president and director of the Keck Foundation, one of the nation's largest charitable foundations, and a member of the Executive Committee. He is a consultant to the Foundation of the Keck Telescopes located in Hawaii. He is also a senior consultant to Deloitte, Touche, in connection with its litigation support practice.

Mr. von Kalinowski graduated with honors from the University of Virginia Law School. He is married and has two grown children.

Sullivan, Peter

Peter Sullivan is the co-author of the Second Edition of Antitrust Laws and Trade Regulation and the General Editor of the monthly Antitrust Report. In addition, he is the co-author of the monographs Pricing Practices and Distribution Practices (Business Law Monograph Series), and is a contributing author to Antitrust Counseling and Litigation Techniques. Mr. Sullivan has lectured extensively throughout the United States on the antitrust laws. He has authored the U.S. antitrust law portions of Recueil Pratique du Droit des Affaires (Editions Jupiter), a practical compendium of Western jurisprudence distributed in Europe.

Mr. Sullivan received his J.D. degree in 1977 from Fordham University School of Law, where he was Articles Editor of the Fordham Law Review. A member of the New York and California Bars, he is a partner in the New York and Los Angeles offices of Gibson, Dunn & Crutcher LLP. He specializes in antitrust law, representing a diverse group of clients in virtually all aspects of civil, international, and criminal antitrust enforcement. For example, Mr. Sullivan has defended one of the nation¿s largest coal companies in a price-fixing and monopolization case, a major airline in a conspiracy case, a major food manufacturer in Robinson-Patman cases, and one of the largest outdoor advertising companies in a criminal antitrust case. Mr. Sullivan has also represented a number of clients in mergers and other government investigations, and routinely counsels newspapers, restaurant franchisors, automobile manufacturers, and others on pricing and distribution practices.

McGuirl, Maureen

Maureen McGuirl is a co-author of the Second Edition of Antitrust Laws and Trade Regulation, and a contributing author to Antitrust Counseling and Litigation Techniques. Ms. McGuirl is a partner with Fensterstock & Parnters in New York City. Her litigation practices focuses on antitrust, intellectual property, and complex business litigation. She has tried cases before judges and juries.

In the antitrust area, Ms. McGuirl has represented clients in a wide variety of antitrust actions, including class actions and investigations, has served as lead counsel in price-fixing cases and has tried monopolization cases and actions to enjoin mergers. Ms. McGuirl regularly provides antitrust advice to clients on the full spectrum of antitrust issues. In particular, she has experience representing clients in the aerospace, automobile, electric utility, health care, insurance, multimedia, and natural gas industries. Her practice has included state antitrust laws as well as the federal laws.

Ms. McGuirl was graduated from Barnard College in 1973 and received her Juris Doctor degree from Columbia University in 1978. After beginning her legal career at Kaye, Scholer, Fireman, Hays & Handler in New York, she practiced at Gibson, Dunn & Crutcher in Los Angeles, where she became a partner, and later at Crosby, Heafey. She returned to New York in 2002, joining Fensterstock & Partners. Ms. McGuirl is a member of the Bars of New York and California.