Chapman University Dale E. Fowler School of Law Dean Tom Campbell recently published a response article entitled “
The E-Books Conspiracy: Crossing the Line Between Applying and Creating Law
” in volume 69 of the
University of Miami Law Review
, the online companion to the quarterly review.
From the abstract:
This article responds to John Kirkwood’s Collusion to Control a Powerful Customer: Amazon, E-Books, and Antitrust Policy, published in the print edition of the University of Miami Law Review in the fall of 2014. Professor Kirkwood argued that in a monopsonistic market (i.e., one where there exists one powerful buyer and many less powerful sellers), or a market in which a buyer has significantly more power than the sellers, collusion on the part of the sellers might be justified, and ought to be a defense to antitrust claims, under certain conditions. This article summarizes Kirkwood’s proposed requirements for invoking this defense and argues that they are overly prescriptive, failing to allow certain instances of beneficial collusion, imposing costly burdens on the sellers, and providing the courts with a set of rules more akin to legislation than a method of interpreting existing antitrust law.
Dean Tom Campbell
was appointed dean of Fowler School of Law in February, 2011. He came to Chapman University in January 2009 as a visiting Presidential Fellow and Fletcher Jones Distinguished Visiting Professor of Law. Prior to joining Chapman, he was the Bank of America Dean and Professor of Business from 2002 to 2008 at the Haas School of Business at the University of Southern California, Berkeley, where, during his tenure, the business school’s
Wall Street Journal
national ranking improved from 15th to second. Campbell was a professor of law at Stanford University from 1987-2002; associate professor at Stanford, 1983-1987; a member of the United States Congress from 1989-1993 and 1995-2001; a member of the California State Senate from 1993-1995; and the director of the California Department of Finance from 2004-2005. He has a B.A., M.A., and Ph.D. in economics from the University of Chicago, and a J.D., magna cum laude, from Harvard Law School, where he also served as a member of the board of editors of the
Harvard Law Review
. He was a law clerk to United States Supreme Court Justice Byron White, and to U.S. Court of Appeals Judge George E. MacKinnon; a White House Fellow; executive assistant to the Deputy Attorney General, Department of Justice; and, director of the Bureau of Competition at the Federal Trade Commission. His principal area of academic work is in the application of economics to legal questions.