School of Business University of Bridgeport MGMT 580 - Business and Society: Antitrust Law and Intellectual Property Fall Term, 2009

Prof. William E. Greenspan Office: Mandeville Hall, Room 309 Phone: (203) 576-4378 E-mail: profweg@bridgeport.edu Web Page: http://community.webtv.net/profweg/UB Class meets on Mondays: 3:30 - 6:00 P.M. @ MAN 310 Office Hours in MAN 309: Monday: 6:00 - 9:30 P.M. Tuesday: 5:00 - 8:00 P.M. Wednesday: 5:30 - 9:30 P.M. Thursday: 5:00 - 9:00 P.M.

Topics Covered - Antitrust Law and Intellectual Property: Antitrust Law encompasses restraints of trade; monopolies; exclusive dealing, requirements, and tying contracts; mergers and acquisitions; price discrimination; and unfair methods of competition and unfair or deceptive acts or practices in commerce. Intellectual Property includes patents, copyrights, trademarks, trade secrets, and the protection of ideas.

Expected Knowledge and Learning Outcomes: Knowledge Outcomes: After taking this course, you should be able to: 1. Identify how law is made, enforced, and interpreted in the United States. 2. Understand selected legal and ethical issues concerning antitrust law in the United States, such as the Sherman Act (contracts in restraint of trade; monopolization), the Clayton Act (exclusive dealing, requirements, and tying contracts; mergers and acquisitions), the Robinson-Patman Act (price discrimination), and the Federal Trade Commission Act (unfair methods of competition and unfair or deceptive acts or practices in commerce). 3. Explain basic principles of United States Intellectual Property law (patents, copyrights, trademarks, trade secrets and the protection of ideas), with accompanying ethical issues; and explain how international treaties (e.g. Berne Convention) have affected global trade. 4. State to what extent parties from outside the United States, doing business in or with the United States, are subject to United States antitrust and intellectual property laws. Learning Outcomes: As a result of taking this course you should be able to: 1. Identify basic legal and ethical issues encountered in marketing products and services globally. 2. Recognize and understand the legal and ethical significance of business transactions occurring around you and in which you will participate relating to antitrust law and intellectual property, and to know when to contact a lawyer. 3. Appreciate and understand the language of actual court cases, and the "feel" of a court's thinking, using legal principles in live situations.

Text: Business and Society, Legal and Ethical Issues, August 2009 Revised Edition, Greenspan. Since I publish the text myself, I will distribute the new edition of the text to you on the first day of class.

Grading: Class Attendance and Participation 20% Mid-Term Test 40% Final Exam 40%

Legal Sites on the Internet: Some of my favorite sites on the Internet for legal research are listed below: 1. WESTLAW CAMPUS RESEARCH Go to: www.bridgeport.edu/library Click on: "List of Online Databases." Scroll down to and click on: "Westlaw Campus Research." Enter your UB e-mail username and password, and click on "login." Click on "Legal" at the top of the page, just to the right of "News & Business." In the left column under "Find," you may find a document (case) by citation or title. To find a document by citation, type in the citation for the case you wish to find (e.g. 101 S.Ct. 1048 or 56 F.3d 1373). Then hit the "Enter" button on your keyboard. 2. LEGAL INFORMATION INSTITUTE Go to: www.law.cornell.edu Click on "Constitution and Codes, and then click on: "U.S. Code" (USC) to find the United States Statutes (laws) including the federal statutes relating to this course: Title 15 - Commerce and Trade Chapter 1 - Monopolies and Combinations in Restraint of Trade (Sherman Act §§ 1 & 2; Clayton Act, §§ 14, 15 & 18; Robinson-Patman Act, § 13). Chapter 2 - Federal Trade Commission. Chapter 22 - Trademarks. Title 17 - Copyrights. Title 35 - Patents. Click on: "Court Opinions" for decisions of the United States Supreme Court, or the United States Federal Courts of Appeals. 3. 'LECTRIC LAW LIBRARY Go to: www.lectlaw.com Click on: "Legal Forms" and then click on: "Business & General Forms" where you will find free Legal and Business forms: Contracts, Sales, Real Estate, Corporation, Partnership, Employment, Power of Attorney, Trusts, Wills, and Promissory Notes. 4. UNITED STATES PATENT AND TRADEMARK OFFICE Go to: www.uspto.gov for information and forms on Patents and Trademarks. 5. UNITED STATES COPYRIGHT OFFICE Go to: www.copyright.gov for information about copyrights. 6. THE FEDERAL TRADE COMMISSION The Federal Trade Commission (FTC) is the federal administrative agency that prevents unfair or deceptive acts or practices in interstate commerce. Go to: www.ftc.gov and click on "Actions" for decisions of the FTC. 7. NOLO PRESS SELF-HELP LAW CENTER Go to: www.nolo.com for hundreds of useful articles on everyday topics such as BUSINESS & HUMAN RESOURCES, PATENTS, COPYRIGHT & ART, WILLS AND ESTATE PLANNING, PROPERTY & MONEY, FAMILY LAW & IMMIGRATION, and RIGHTS & DISPUTES. 8. NEWSPAPERS ONLINE Go to: www.newspapers.com This page provides an easy to use tool for referencing the world's newspapers. Search over 10,000 Newspapers Online. 9. NATIONAL FRAUD INFORMATION CENTER Go to: www.fraud.org Its mission is to give consumers the information they need to avoid becoming victims of telemarketing and Internet fraud and help them get their complaints to law enforcement agencies quickly and easily. You may fill out and submit the online fraud report form. 10. DEPARTMENT OF CONSUMER PROTECTION - STATE OF CONNECTICUT Go to: www.state.ct.us/dcp/ The Department is here to make the marketplace in Connecticut as fair as possible for consumers and for those businesses that play by the rules. Check out this Web site to learn more about consumer programs and issues.

Assignments: The assignments due for each class are listed below. When you answer the questions and case problems for each class, you may highlight the answers to the case questions in the text where the answers are found, and you may write in the text your opinion for each case problem. If you have found the answers to the case questions, and have written your opinion for each case problem, then you will be ready for class discussion. You are not required to hand in to me the written answers for each case question and problem unless you have missed a class. If you are absent from a class, then you must hand in to me your written answers for the class you missed. Such submission must be made to me at or before the next class meeting. 1. Monday, August 31, 2009 - Introduction to Business and Society; Sources of American Law. No assignment due for this class. 2. Monday, September 14 - Intellectual Property - Patents. Read Chapter 6 (pages 1 - 26). Answer the questions and case problems on pages 9, 19, 27, 28, 29, and 30. 3. Monday, September 21 - Intellectual Property - Copyrights. Read Chapter 7 (pages 1 - 25). Answer the questions and case problems on pages 8, 9, 24, 25, 62, 63, and 66. 4. Monday, September 28 - Intellectual Property - Copyrights. Read Chapter 7 (pages 26 - 59). Answer the questions and case problems on pages 46-47, 60, 61, 64, and 65. 5. Monday, October 5 - Intellectual Property - Trademarks. Read Chapter 8 (pages 1 - 47). Answer the questions and case problems on pages 18, 26, 27, 50, 51, 52, 53, and 54. 6. Monday, October 12 - Intellectual Property - Trade Secrets and the Protection of Ideas. Read Chapter 9 (pages 1 - 19). Answer the questions and case problems on pages 10, 19, 21, 22, 23 and 24. 7. Monday, October 19 - Mid-Term Test on Chapters 6 - 9. 8. Monday, October 26 - Antitrust Law - Restraints of Trade - Section 1 of the Sherman Act. Read Chapter 2 (pages 1 - 25). Answer the questions and case problems on pages 23, 48, 55, 56 and 57. 9. Monday, November 2 - Antitrust Law - Monopolies - Section 2 of the Sherman Act; Extraterritorial Reach of the Sherman Act; Read Chapter 2 (pages 26 - 35), and read Chapter 1 (pages 13 - 20). Answer the questions and case problems on pages 2-34, 2-35, 2-50, 1-19, 1-20, 1-21 and 1-22. 10. Monday, November 9 - Antitrust Law - Exclusive Dealing Contracts - Section 3 of the Clayton Act; Standing to Sue - Section 4 of the Clayton Act. Read Chapter 3 (pages 1 - 22). Answer the questions and case problems on pages 12, 21, 22, 34 and 36. 11. Monday, November 16 - Antitrust Law - Price Discrimination - Section 2(a) of the Robinson-Patman Act. Read Chapter 4 (pages 1 - 12). Answer the questions and case problems on pages 10, 11, 12, 47 and 50. 12. Monday, November 23 - Antitrust Law - Meeting not Beating Competition, and Payment or Acceptance of Brokerage Commission - Sections 2(b)(c) of the Robinson-Patman Act. Read Chapter 4 (pages 13 - 29). Answer the questions and case problems on pages 22, 23, 49, 52 and 54. 13. Monday, November 30 - Antitrust Law - Payments for Services or Facilities - Sections 2(d) and 2(e) of the Robinson-Patman Act; Knowingly Inducing a Price Discrimination - Section 2(f) of the Robinson-Patman Act. Read Chapter 4 (pages 30 - 44). Answer the questions and case problems on pages 38, 44, 48 and 53. 14. Monday, December 7 - Antitrust Law - Unfair Methods of Competition - The Federal Trade Commission Act. Read Chapter 5 (pages 1 - 21). Answer the questions and case problems on pages 7, 8, 21, 25 and 26. 15. Monday, December 14 - Final Exam on the materials covered in Chapters 1 - 5.