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

Law and Economics Seminar (JURS-335-A)
Administrative Law Clinic (ADMN-400-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 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. The Supreme Court has quoted him, he won the Jerry S. Cohen Award for the best antitrust scholarship of 2012, and he has published over forty articles and book chapters. 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, The Wall Street Journal, USA Today, and many other print and broadcast media have interviewed 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

“Antitrust Policy for Two-Sided Platforms: The Failure of American Express and the Path Forward.”

“Market Power and American Express,” 26 U. Miami Bus. L. Rev. 17 (2018) (invited article).

“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).

“Buyer Power,” in American Antitrust Institute, Transition Report on Competition Policy to the 45th President of the United States (with Warren Grimes) (in draft).

“Reforming the Robinson-Patman Act to Serve Consumers and Control Powerful Buyers,” 60 Antitrust Bull. 358 (2015) (invited article).

“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).

Presented at the Goals of Antitrust Symposium, George Washington University School of Law, Oct. 26, 2012.

“Powerful Buyers and Merger Enforcement,” 92 B.U. L. Rev. 1485 (2012).

Presented as the keynote address at the AAI Private Antitrust Enforcement Conference, Dec. 3, 2013. Also presented at the Conference on Buyer Power in Competition Law, Oxford University, May 15, 2012, and at the 11th Annual Loyola Antitrust Colloquium, Loyola University Chicago School of Law, Apr. 29, 2011.

“The Robinson-Patman Act and Consumer Welfare:  Has Volvo Reconciled Them?”      e-Competitions, Sept. 20, 2012 (Special Issue on U.S. Supreme Court) (summarizing 2007 article cited below).

“Darth Vader,” 35 Seattle U. L. Rev. vii (2012).

 “The Predictive Power of Merger Analysis,” 56 Antitrust Bull. 543 (2011).

Presented at the AAI Invitational Symposium on Prediction and Antitrust, June 23, 2010.

“A Prudent Approach to Climate Change,” 1 Seattle J. Envtl. L. 137 (2011).

Presented at a debate with John Kunich, Professor of Law at the University of North Carolina and author of Betting the Earth, held at Seattle University and sponsored by the Federalist Society and the Seattle Journal of Environmental Law, Feb. 23, 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) (with Richard O. Zerbe, Jr.).

“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, __ 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

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.