Legal writing

Final Paper Ideas

Step 1: Brief the cases. Issue, Rule, Holding, Analysis. But this is only Step 1 as I want you to weave the themes and cases together.

The Modern Era

1. Aspen. Monopolization; market

1. Matsushita Electric. Predatory pricing, hard to win. Industrial policy.

1. Rose Acre Farms. Predatory pricing—hard to win. Market analysis. Competitive market.

1. Brook Group. Oligopoly. Predatory pricing, hard to win.

1. Weyerhaeuser. Predatory buying. Competition and consumer benefits.

Antitrust Injury

Themes: refusal to deal, abuse of power. Monopoly. Cases 1 & 5. Abuse in 1. No monopoly or damages in 5.

2, 3, & 4 are predatory pricing. Explain. Recoupment. What is the market like?

It is hard to win these cases now (both predatory buying and selling) because the there is no per se rule, but the rule of reason. Lots of economics in these cases help defendants to explain their behavior.

# Should you write at least 10 to 15 pages.

Full names of cases:

Aspen Skiing (1985)

Matsushita Electric v. Zenith (1986)

Rose Acre Farms (1989)

Brook Group v. Brown& Williamson tobacco (1993)

Weyerhaeuser v. Ross -Simmons Hardwood (2007)