John E. Lopatka

A. Robert Noll Distinguished Professor of Law, Emeritus

Email jel28@psu.edu
Phone 814-863-7030

Education

J.D., University of Chicago
LL.M., Columbia University
B.A., Loyola University of Chicago

Biography

Professor John Lopatka is one of the nation’s leading antitrust scholars, having published over forty articles in the areas of antitrust, economic analysis of law, and regulated industries. He co-authored the multi-volume treatiseFederal Antitrust Law and The Microsoft Case: Antitrust, High Technology, and Consumer Welfare, which was published by the University of Chicago Press in 2007.

Professor Lopatka earned his master of laws degree from Columbia University where he also served as an Associate in Law and Fellow in the Center for Law and Economic Studies. Along with teaching, he served as assistant director for planning for the Bureau of Competition of the Federal Trade Commission and practiced law with Donovan Leisure Newton & Irvine in New York City and Isham, Lincoln & Beale in Chicago.

Professor Lopatka is a member of the American Bar Association’s Antitrust Section leadership and is a contributing editor of the section’s Antitrust Law Journal. From 2001 until 2004, he was a consultant to the Office of General Counsel of the Federal Trade Commission.

Advanced Torts
Antitrust
Torts

Federal Antitrust Law (2021) (with Page and Huffman) Prepared Annual Supplements to Volumes 4, 5, 10, and 11

Peeling Apple: Antitrust Standing and Intermediary Defendants, 71, Syracuse L. Rev. (2021)

Res Ipsa Loquitur: Reducing Confusion or Creating Bias?, 108 Kentucky L. Rev. 239 (2020) (with Jeffery H. Kahn)

Why Aren't Sports League Anit-Tampering Rules Antitrust Violations?, 16 Antitrust Report 1 (2016) (with Roger D. Blair)

The Economic Effects of Anti-Tampering Rules in Professional Sports Leagues, Managerial and Decision Economics (June 2016) (with Roger D. Blair)

Economic Expert Evidence: The Understandable and the "Huh?", 61 Antitrust Bull. 434 (2016)

Rethinking Hybrid Restraints, in Herbert Hovenkamp Liber Americorium (Concurrences 2021) (with William H. Page)

The Microsoft Case as a Political Trial, in Political in Theory and History 347 (Jens Meierhenrich & Devin). Pendas eds., 2016) (with William H. Page)

Parker v. Brown, the Eleventh Amendment, and Anticompetitive State Regulation, 60 Wm. & Mary L. Rev. 1465 (2019) (with William H. Page)

“Class Action Professional Objectors: What To Do About Them?” 39 Fla. St. U. L. Rev. 865 (2012) (with D. Brooks Smith)

“Market Definition?” 39 Rev. Indus. Org. 69 (2011)

“Assessing Microsoft From a Distance,” 75 Antitrust L. J. 811 (2008)

“Missed Opportunity: The Enforcement Recommendations of the Antitrust Modernization Commission,” Antitrust Bulletin (2008)

“Predatory Buying and the Antitrust Laws," 2008 Utah L. Rev. 415 (with Roger D. Blair, 2008)

“Antitrust Injury and Causation,” in Issues in Competition Law and Policy (edited by Wayne D. Collins, 2008)

The Microsoft Case, Antitrust, High Technology, and Consumer Welfare (with William H. Page, University of Chicago Press, 2009)

“Overcharge Damages for Monopolization of New Economy Markets,” 51 Antitrust Bull. 453 (2006)

“Resale Price Maintenance and the Private Antitrust Plaintiff," 83 Wash. U. L. Q. 657 (with Roger D. Blair & Jill B. Herndon, 2005)

“Bargaining and Monopolization: In Search of the ‘Boundary of Section 2 Liability’ between Aspen and Trinko,” 73 Antitrust L. J. 115 (with William H. Page, 2005)

“Economic Authority and the Limits of Expertise in Antitrust Cases,” 90 Cornell L. Rev. 617 (with William H. Page, 2004)

“A Comment on the Antitrust Analysis of Reverse Payment Patent Settlements: Through the Lens of the Hand Formula,” 79 Tul. L. Rev. 235 (2004)

“State Action and the Meaning of Agreement Under the Sherman Act: An Approach to Hybrid Restraints,” 20 Yale J. on Reg. 269 (with William H. Page, 2003)

“Indirect Purchaser Suits and the Consumer Interest,” 48 Antitrust Bull. 531 (with William H. Page, 2003)

“‘Obvious’ Consumer Harm in Antitrust Policy: The Chicago School, the Post-Chicago School, and the Courts,” in Post-Chicago Developments in Antitrust Law (with William H. Page, edited by Antonio Cucinotta et al., 2002)

“Who Suffered Antitrust Injury in the Microsoft Case?” 69 Geo. Wash. L. Rev. 829 (with William H. Page, 2001)

“Monopolization, Innovation, and Consumer Welfare,” 69 Geo. Wash. L. Rev. 368 (with William H. Page, 2001)