Tel Aviv-Berkeley LL.M. Program 2015
Technology Antitrust
Hanno Kaiser. University of California, Berkeley, School of Law, Room 170; Time: 9-11:45 am
Key Concepts
See the Key Concepts Page
Class 1: Technology Antitrust: A Framework and a Baseline Case
August 3, 2015 (Monday)
Topics for discussion
Reading Materials
Optional
Class 2: Disruptive Business Models or Illegal Cartels?
August 4, 2015 (Tuesday)
Topics for discussion
- Disruption via de novo entry as per se illegal conduct?
- Platform competition and price effects
- Collective licensing and the aggregation of IP rights
- Anatomy of a complex civil antitrust litigation, involving multiple defendants, DOJ, State Attorneys General as parens patriae, and private class action plaintiffs, etc.
- Hiring cartels?
Reading Materials
- United States v. Apple Inc., et al., U.S. v. Apple, Inc., --- F.3d ---- (2d. Cir. 2015). Excerpts
- Broad. Music, Inc. v. Columbia Broad. Sys., Inc., 441 U.S. 1 (1979). Excerpts
- United States v. Adobe Systems, Inc., Apple Inc., Google Inc., Intel Corporation, Intuit, Inc., and Pixar (2010) Complaint.
Class 3: Platform Wars and the Modern Law of Monopolization
August 5, 2015 (Wednesday)
Topics for discussion
Reading Materials
Optional
Class 4: Technology M&A in the Real World
August 6, 2015 (Thursday)
Topics for discussion
Is your deal notifiable (HSR)?
- HSR is an anomaly
- Basic HSR considerations
- Common HSR issues in U.S./Israel deals
How much real-world antitrust risk is there?
- Three questions that capture 90% of all M&A antitrust issues
- The three categories of evidence that the agencies are looking for
How to manage the antitrust risk?
- Risk shifting provisions in the M&A agreement
- The critical impact of timing
- Gun jumping, integration planning
Reading Materials
FTC/DOJ, Horizontal Merger Guidelines (2010). Excerpts
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