John B. Kirkwood

Professor of Law
Curriculum Vitae


Sullivan Hall 427
(206) 398-4065


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


Administrative Law
Law and Economics


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.


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


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

Understanding the landscape of Facebook's dominance

October 23, 2020 | The Seattle Times

Professor John Kirkwood discusses the challenge of proving that Facebook is a social media monopoly.

America wanted its first unfiltered look at Jeff Bezos, the world's richest person. The Amazon CEO used caution and skill to stay out of the spotlight.

July 29, 2020 | Business Insider

Professor John Kirkwood said the testimony was a missed opportunity to defend Amazon's practices.