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

Courses

Administrative Law (ADMN-300-A)
Antitrust Law (ANTI-300-A)

Biography

John B. Kirkwood is a Professor of Law at Seattle University School of Law and a member of the American Law Institute. He is a Senior Fellow of the American Antitrust Institute, an Adviser to 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. The Supreme Court has quoted him, he won the Jerry S. Cohen Award for the best antitrust scholarship of 2012, and he has been published over forty times. He speaks frequently at antitrust conferences and consults and testifies on antitrust cases. He was a Co-Editor of Research in Law and Economics for eight years. 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 print and broadcast media 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

In the News

John Kirkwood elected to prestigious legal institute

August 03, 2017

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

July 21, 2017 | Yahoo Finance

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 | KIRO 7

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 | Policy and Regulatory Report

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 | Policy and Regulatory Report

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 | Recode

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 | Axios

Professor John Kirkwood comments on the political leanings of a new FTC official.