Andrew M. Rosenfield : Courses and Seminars
This course is a one-quarter survey of antitrust law. It is designed for students with diverse interests and practice plans. The course should be as valuable to the general business lawyer and the legally trained private equity investor or investment banker as it is to the litigator. There is no assumption of advanced skill or training in economics and no complex mathematical or economic tools are required. Antitrust has been defined not by rulemaking and statutory expansion, but by judges deciding cases, one at a time, in the common law tradition, in large part because the antitrust statutes are very terse and compact (unlike statues in other business fields such as securities regulation, banking regulation and the regulation of telecommunications). Most antitrust issues have been back and forth to the Supreme Court repeatedly. This allows students to see how succeeding generations of great judges have wrestled with the core issues in the field. For these reasons, the great beauty of antitrust is to see it as, essentially, a common law subject, evolving and adapting over its 120-year history. We will do that by reading and studying the wonderful opinions that enliven this field. The student's grade is based on class participation and a final three-hour take-home examination.
Andrew M. Rosenfield