law 552 - antitrust - instructor: dwight drake “ a lawyer who has not studied economics and...

Law 552 - Antitrust - Instructor: Dwight Drake

“ A lawyer who has not studied economics and sociology is very apt to become a public enemy.”

Louis D. Brandeis


Contact Info – Office Hours

• Email: [email protected]

• Phones: 206.616.6385, 425.281.1493, 425.222.5988, 480.272.6719

• Guaranteed Office Hours: - Tuesday 3:30 p.m to 5:00 p.m. - By Appointment. Open Door - Whenever you can catch me!

Course URL: http://faculty.washington.edu/djdrake/Antitrust/ index.shtml

mailto:[email protected]

http://faculty.washington.edu/djdrake/Antitrust/index.shtml





Course Objectives• Survey history, scope, impact of Antitrust.

• Focus on Three Dimensions of Antitrust: Neighborhood National World

• Internalize Antitrust “flags”.

• Enhance fundamental lawyer skills: Analytical, creative thinking Dig Out Skill Communication Skills


What Course Is Not!

• Hide the flags.

• Hunt for the flags.

• Memorize the flags.

• Wave flags on exam – score!


Grade Criteria

• Seven Case Memos (Each 7 Pts) - 49 pts (25%)

• Key Team Case Presentation - 21 pts (10%)

• Take Home Final - 130 pts (65%)

Total 200 pts

Note: Law School Curve Policy in effect.


Final Opt-Out Option

• Turn in all seven case observation memos

• No more than one memo late

• Participate in team case study

• Attend class regularly

• Grade B


Case Study Game• Number of Weekly Case Studies - 8

• Case Study Teams - 8

• Key Team for Week has until Friday 5 p.m. to email specific requests for more facts

• New facts will be provided to Key Team via email with 24 hours of request

• Key Team ( two players max) give oral “partner briefing” following Tuesday (12 Minutes Max). Plus submit concise written memo in Key Player Format for entire class.

• All others may submit optional written memo in Observer Format. Although optional, there is grade impact. Observer Memo individual, but team dialogue encouraged.


Different Fact Game

Economic analysis determines:

- What facts are relevant

- What facts need to be ascertained

- When ascertained, how facts impact or alter economic theory

- How best to interpret facts

The Challenge: Win by being good enough to get and apply the right facts!


Memo Presentation Format – Key Team

• New facts – The stuff you found

• Statement of the key issues

• Summary of your conclusions and related rationale

• Analysis

• Short summation close


Memo Presentation Format -Observers

• Desired additional facts

• Statement of issues

• Preliminary analysis of issues - predicated on discovery of additional facts


Writing Basics

• Four “C”s – Concise, Credible, Confident, Convincing • Keep it tight, real tight. No needless words.• Use strong, precise verbs.• Avoid overstated adjectives.• 100% Intellectual honesty – no finessing.• Average sentence length: 20 words.• Avoid multiple negatives.• No “shall”, “provisos”, “and/or” and other drafting jargon.• Write for the normal reader, not the intellectual.• End sentences emphatically.• Organize, then draft.• Edit, edit, edit.


LAWYER ROLES

• Litigator - Gladiator / Mudslinger

• Transactor - Deal Maker/ Paper Pusher

• Planner - Strategist / Trouble Maker

Copyright 2005 Dwight Drake. All Rights Reserved.Business Planning: Closely Held Enterpriseswww. drake-business-planning.com



US BusinessesProjected Revenues 2007

Corporations $ 21.58 Trillion (84.2%)

Sole Proprietorships $ 1.23 Trillion (4.8%)

Partnerships $ 1.35 Trillion (5.3%)

Limited Liab. Companies $ 1.45 Trillion (5.7%) Total $ 25.61 Trillion



Shareholders

Elect

Corporate Players

Directors

Officers

ElectReg. Agents

Appoint

Employees

Hire


America’s Privately-Owned Businesses

• 25 Million

• 99 % of all employers

• 75% of all new jobs

• 53% of private workforce

• 70% of all first jobs

• 50% of all sales

• Largest client base for professionals

• Badly under-serviced by Bar


Private Antitrust Suits

• Treble damages - deterrence and greed

• Uniquely American

• High watermark late ’70s – 20 to 1

• Today – 10 private to 1 government

• Tougher now – fairness, efficiency values; standing, injury, causation issues

• The debate continues


The Lawyer’s Role as an Advisor to Business Owners, Professionals and

Entrepreneurs

Flash Presentation (20 Min. approx) byDwight Drake

www.law.washington.edu/Career/Handouts/FlashNote: It takes a few minutes to load

http://www.law.washington.edu/Career/Handouts/Flash


Antitrust Lingo

Nail the Glossary NOW!

Pages 1-13 of Supplemental Materials


Manufacturer Manufacturer (“OEM”)

Distributor Distributor

Wholesaler Wholesaler

Jobber Jobber

Retailer Retailer

Consumer Consumer

Horizontal

Vertical


Overriding Goal of US Antitrust

Preserve, protect and maintain public confidence in free market system by deterring and eliminating economic oppression.


Social Goals of U.S. Antitrust

• Efficient allocation of goods and services

• Prevent “deadweight loss”

• Stop “wealth transfer” from market power

• Promote innovation – “dynamic efficiency”

• Two fading-fast goals:

- Protect market entry for individual firms

- Decentralize economic power

law 552 - antitrust - instructor: dwight drake “ a lawyer who has not studied economics and...

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