Faculty

Contact

Sullivan Hall 427
(206) 398-4065
kirkwoj@seattleu.edu

Education

A.B., magna cum laude, Yale University, 1970
M.P.P., cum laude, Harvard University John F. Kennedy School of Government, 1974
J.D., cum laude, Harvard Law School, 1974; Civil Rights-Civil Liberties Law Review projects editor

Specializations

Administrative Law
Antitrust
Law and Economics

John B. Kirkwood

Professor of Law

Curriculum VitaePDF

Biography

John B. Kirkwood is a Professor of Law at Seattle University School of Law, a member of the Executive Committee of the AALS Antitrust Section, a Senior Fellow of the American Antitrust Institute, and an Adviser to the Institute of Consumer Antitrust Studies. The Supreme Court quoted one of his articles on buyer power and another won the Jerry S. Cohen Award for the best antitrust scholarship published in 2012. His work has appeared in the Fordham Law Review, the Notre Dame Law Review, the Boston University Law Review, the Washington Law Review, the George Mason Law Review, and the University of Miami Law Review, among other places. He has edited two books, spoken frequently at antitrust conferences, and consulted on antitrust matters. He has testified before Congress and at the hearings on predatory pricing held by the FTC and the Justice Department. The New York Times, USA Today, and many other publications have quoted him.

After graduating from Yale magna cum laude and with Honors of Exceptional Distinction in Economics, he received a master's degree in public policy and a law degree from Harvard, both with honors. He directed the Planning Office, the Evaluation Office, and the Premerger Notification Program at the FTC's Bureau of Competition in Washington, D.C. and later managed cases and investigations at the Northwest Regional Office. At Seattle University, he has received the Outstanding Faculty Award and the Dean's Medal.

Publications

Books

Antitrust Law and Economics, 21 Res. L. & Econ. (John B. Kirkwood, ed., 2004).

Impact Evaluations of Federal Trade Commission Vertical Restraints Cases (ed., 1984) (with Ronald N. Lafferty and Robert H. Lande eds.).

Book Chapters

Network Industries, in Market Power Handbook: Competition Law and Economic Foundations (ABA Section of Antitrust Law, 2005).

Antitrust Implications of the Recent Experimental Literature on Collusion, in Strategy, Predation, and Antitrust Analysis (Federal Trade Commission 1981).

Articles

Controlling Above-Cost Predation: An Alternative to Weyerhaeuser and Brooke Group, __ Antitrust Bull. (forthcoming 2008).

The Robinson-Patman Act and Consumer Welfare: Has Volvo Reconciled Them?, 30 Seattle U. L. Rev. 349 (2007).

Buyer Power and Exclusionary Conduct: Should Brooke Group Set the Standards for Buyer-Induced Price Discrimination and Predatory Bidding?, 72 Antitrust L. J. 625 (2005).

Consumers, Economics and Antitrust, in 21 Res. L. & Econ., Antitrust Law and Economics 1 (John B. Kirkwood ed., 2004).

Robinson-Patman Enforcement at the FTC, Trade Reg. Reporter (Current Comment Binder 1985) 49,152 (paragraph 50,151) (1995) (with K. Shane Woods).

Resale Price Maintenance and Antitrust Policy, 3 Contemp. Pol'y Issues 9 (1985) (with William S. Comanor).

Comments from the Federal Trade Commission, 49 Antitrust L.J. 953 (1981).

Do the Proposals Make Any Sense from a Litigation Standpoint? Pro Monopolization Reform Proposals: Their Potential for Expediting Litigation, 49 Antitrust L.J. 1233 (1981).

Elimination of the Conduct Requirement in Government Monopolization Cases, 37 Wash. & Lee L. Rev. 83 (1980) (with Alfred F. Dougherty and James D. Hurwitz).

FTC Official’s Speech Outlining Antitrust Case Theories, Legal Times of Washington, October 8, 1979, at 23.

The Role of Tax Policy in Federal Support for Higher Education, 39 Law & Contemp. Probs. 117 (1975) (with David S. Mundel).

The Great Depression: A Structural Analysis, IV J. Money, Credit, and Banking 811 (1972).

Cash Deposits – Burdens and Barriers in Access to Utility Services, 7 Harv. C.R.-C.L. L. Rev. 630 (1972).

Recent Activity

FTC likely to approve Whole Foods deal even if Amazon did deceive customers

July 21, 2017
Professor John Kirkwood says the Amazon deal won't be stopped by price inflation allegations.

Could Trump's Amazon animosity block Whole Foods deal?

June 16, 2017
Professor John Kirkwood says President Trump would not be able to stop Amazon's purchase of Whole Foods.

US Supreme Court signals interest in circuit split on Section 1 summary judgment burden

June 14, 2017
Professor John Kirkwood explains the tough standards plaintiffs face in seeking summary judgment.

US DOJ's first hospital steering case heads for showdown in North Carolina

March 17, 2017
Antitrust expert Professor John Kirkwood comments on health insurers who encourage subscribers to use lower cost providers

Trump's possible pick for FTC chair might have to recuse himself in cases involving Google, Facebook or Microsoft

March 03, 2017
Professor John Kirkwood comments on conflicts when elected officials serve as FTC commissioners.

How the FTC's new competition chief could affect health care

February 17, 2017
Professor John Kirkwood comments on the political leanings of a new FTC official.

Uber antitrust actions a tough nut for US plaintiffs to crack

August 12, 2016
Antitrust expert Professor John Kirkwood says an antitrust claim is central to the U.S. Chamber's case against Uber.

Kroger targets Visa's debit card conduct to challenge broader strategy

July 22, 2016
Antitrust expert Professor John Kirkwood says the case makes Visa look bad but may still not succeed.

Ongoing DOJ Physician Interviews Focus on Buyer Power Issues

March 11, 2016
Antitrust expert Professor John Kirkwood explains the concept of monopsony in this piece about health insurance mergers.

Seattle councilman defends his Uber union law: 'Everyone should benefit' from company’s success

February 18, 2016
Professor John Kirkwood participates in a panel discussion on Seattle's driver unionization law.

US Optical Disk Drive judge addresses class certification standards

February 12, 2016
Antitrust expert Professor John Kirkwood explains how U.S. Supreme Court cases have affected class certification.

Seattle City Council votes to let Uber, Lyft drivers unionize

December 14, 2015
Professor John Kirkwood identifies major legal problems with Seattle's new law.

Seattle becomes first U.S. city to let Uber drivers unionize

December 14, 2015
Seattle may have overstepped in passing the new law, Professor John Kirkwood said.

Seattle Considers Measure to Let Uber and Lyft Drivers Unionize

December 13, 2015
Professor John Kirkwood comments on the antitrust implications of collective bargaining among Uber, Lyft drivers.

SCOTUS may take Apple ebooks case, but company will lose -- attorneys

September 17, 2015
Antitrust expert Professor John Kirkwood comments on the chances of Apple taking its ebooks pricing case to the high court.

Apple likely to appeal US e-books decision--analysis

July 01, 2015
Antitrust expert Professor John Kirkwood said there was extensive evidence that Apple encouraged and assisted in a conspiracy to impose a new pricing model on e-books.

SCOTUS's NC Dental decision will have impact on private, government cases against associations going forward

June 02, 2015
Antitrust expert Professor John Kirkwood comments on a dispute between a state dental board and professional teeth whiteners who aren't dentists.

American Express to work with DoJ on steering remedies

February 23, 2015
Antitrust expert Professor Jack Kirkwood says it's unusal but not unprecedented for judges to telegraph their thoughts on a case as a way of encouraging parties to reach a potential remedy on their own.

Facebook Accused Of Playing Monopoly With Virtual Currencies

January 23, 2015
Antitrust expert Professor John Kirkwood offers his thoughts on a lawsuit against Facebook by virtual currency company Social Ranger.