John B. Kirkwood

Professor of Law
Curriculum Vitae

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

Biography

John B. Kirkwood is a Professor of Law at Seattle University School of Law. He publishes frequently and was elected to the American Law Institute in recognition of his work. The Supreme Court quoted one of his articles on buyer power, another won the Cohen Award for the best antitrust scholarship published in 2012, and his paper on market power was selected by the Cohen Award Committee as the Best Market Power Analyses Article - and one of the top articles - of 2018. His writing has appeared in the Notre Dame Law Review, the Boston University Law Review, the Fordham Law Review, and other journals. He has testified before Congress and at the hearings on predatory pricing held by the FTC and the Justice Department. He has been quoted by The New York Times, USA Today, Yahoo, and many other print and broadcast media. He speaks often at antitrust conferences and consults and testifies on antitrust cases. He is an Advisor to the American Antitrust Institute and the Institute of Consumer Antitrust Studies, and sits on the Executive Committee of the Antitrust and Economic Regulation Section of the Association of American Law Schools. He was Co-Editor of Research in Law and Economics for eight years. 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

Market Power and Antitrust Enforcement, 98 B.U. L. REV.1169 (2018) (lead article).

Online RPM, in CAMBRIDGE UNIVERSITY PRESS HANDBOOK OF ANTITRUST, INTELLECTUAL PROPERTY AND HIGH TECH (2017) (invited chapter).

Buyer Power and Healthcare Prices, 91 WASH. L. REV. 253 (2016).

Collusion to Control a Powerful Customer: Amazon, E-Books, and Antitrust Policy, 69 U. MIAMI L. REV. 1 (2014) (lead article).

The Essence of Antitrust: Protecting Consumers and Small Suppliers from Anticompetitive Conduct, 81 FORDHAM L. REV. 2425 (2013).

Powerful Buyers and Merger Enforcement, 92 B.U. L. REV. 1485 (2012) (winner of the Jerry S. Cohen Award for the best antitrust scholarship published in the United States in 2012).

The Predictive Power of Merger Analysis, 56 ANTITRUST BULL. 543 (2011).

Rethinking Antitrust Policy Toward RPM, 55 ANTITRUST BULL. 423 (2010).

The Path to Profitability : Reinvigorating The Neglected Phase of Merger Analysis, 17 GEORGE MASON L. REV. 39 (2009).

The Fundamental Goal of Antitrust: Protecting Consumers, Not Increasing Efficiency, 84 NOTRE DAME L. REV. 191 (2008) (with Robert H. Lande).

Chicago's Foundation is Flawed: Antitrust Protects Consumers, Not Efficiency, in HOW THE CHICAGO SCHOOL OVERSHOT THE MARK: THE EFFECT OF CONSERVATIVE ECONOMIC ANALYSIS ON U.S. ANTITRUST (Oxford Univ. Press, Robert Pitofsky ed. 2008) (with Robert H. Lande).

Controlling Above-Cost predation: An Alternative to Weyerhaeuser and Brooke Group, 53 ANTITRUST BULL. 369 (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) (quoted by the Supreme Court).

Recent Activity

In the News

Seattle U prof on what to expect from the government's antitrust crackdown

June 05, 2019 | KIRO Newsradio

Professor John Kirkwood says political pressure is mounting from both sides.

Justice Kavanaugh's Apple decision has 'shaken up' antitrust law

May 13, 2019 | Yahoo Finance

Professor John Kirkwood says antitrust enforcement got an unexpected boost from Justice Brett Kavanaugh in Apple App Store case.

Breaking up Amazon: Is it even possible? Imagining the tech giant under a U.S. antitrust crackdown

March 12, 2019 | GeekWire

Professor John Kirkwood comments on the difficulty of breaking off businesses from Amazon.

From 'evil empire' to model citizen? How Microsoft's good deeds work to its competitive advantage

March 07, 2019 | GeekWire

John Kirkwood said the collective reach and power of the country's top five tech companies warrants "careful scrutiny."

Obamacare Ruling Likely to Be Overturned

December 17, 2018 | The Stranger

Professor John Kirkwood says the ruling by a federal judge in Texas is very weak.