Marina Lao
Professor of Law
Professor Marina Lao specializes in Antitrust Law and also teaches corporate and securities law. She joined the Seton Hall law faculty in 1994 after over a decade of practice experience in government and in the private sector. In 2008, she was honored with the Edward S. Hendrickson Professorship.
Professor Lao has written, lectured, and commented extensively on antitrust and competition law issues. She is currently the Chair of the Section of Antitrust and Economic Regulation of the Association of American Law Schools, and a member of the Antitrust Law Committee of the New Jersey State Bar Association. She has also served as a member of the Antitrust and Trade Regulation Committee and the Consumer Affairs Committee of the Association of the Bar of the City of New York, and of committees and boards of many other professional organizations.
In 2007 Professor Lao was awarded a Fulbright Fellowship to the University of Munich and the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich. There, she taught U.S. Antitrust Law in the university’s graduate law program and conducted comparative research on EU and US competition law issues at the Max Planck Institute. She was also awarded the Andrea Catania Fellowship for Excellence in Teaching for the years 2003-2005, and the Dean’s Fellowship for 2003-2005, and 2000-2001. Professor Lao has been a visiting professor at the University of Connecticut School of Law and at the University of International Business and Economics, School of Law, Beijing, China.
Professor Lao began her legal career with the U.S. Department of Justice, Antitrust Division, as a trial attorney under the Honors Program following graduation from Albany Law School on a three-year full scholarship. She later entered private practice and eventually became partner in the Atlanta, Georgia, law firm then known as Wilson, Cobb, Lichtenstein & Lao. Before coming to Seton Hall, she served for two years as the Hon. Abraham L. Freedman Fellow and Lecturer in Law at Temple University School of Law where she also received an LL.M. degree.
PUBLICATIONS
LAW REVIEW ARTICLES
Networks, Access, and "Essential Facilities": From Terminal Railroad to Microsoft, 62 SMU L. Rev. 557 (2009) (symposium)
Leegin and Resale Price Maintenance: A Model for Emulation or for Caution for the World?, 39 Int'l Rev. of IP & Competition Law 253 (2008)
Aspen and Trinko: Antitrust Intent and "Sacrifice", 73 Antitrust Law Journal 171 (2005)
Reclaiming a Role for Intent Evidence in Monopolization Analysis, 54 Am U. L. Rev. 151 (2004)
Reforming the Noerr-Pennington Antitrust Immunity Doctrine, 55 Rutgers L.R. 965 (2003)
Law School Accreditation: The Applicability of State Action and Noerr Exemptions, and First Amendment Principles, 14 Loy. Consumer L. Rev. 439 (2002) (symposium)
Discrediting Accreditation?: Antitrust and Legal Education, 79 Wash. U.L.Q. 1035 (2001)
The Rule of Reason and Horizontal Restraints Involving Professionals, 68 Antitrust L.J. 499 (2000) (symposium)
Unilateral Refusals to Sell or License Intellectual Property and the Antitrust Duty to Deal, 9 Cornell J.L. & Pub. Pol’y 193 (1999) (symposium)
Federalizing Trade Secrets Law in an Information Economy, 59 Ohio State L.J. 1633 (1998)
Tortious Interference and the Federal Antitrust Law of Vertical Restraints, 83 Iowa L. Rev. 35 (1997)
Mergers in a Declining Defense Industry: Should the Merger Guidelines Be Reassessed?, 28 Conn. L.R. 347 (1996)
Jurisdictional Reach of the U.S. Antitrust Laws: Yokosuka, Yokota, and “Footnote 159” Scenarios, 46 Rutgers L.R. 821 (1994)
OTHER PUBLICATIONS
Defining Exclusionary Conduct Under Section 2: The Case for Non-Universal Standards, Fordham Competition Law Institute International Antitrust Law & Policy 433 (2006) (Barry Hawk, ed.)
BOOKS AND BOOK CHAPTERS
Free Riding: An Overstated, and Unconvincing, Explanation For Resale Price Maintenance, in How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust 196, Oxford University Press (Robert Pitofsky, ed.) (2008)
WORKS IN PROGRESS
Resale Price Maintenance: The Internet Phenomenon and "Free Rider" Issues, Antitrust Bulletin
Resale Price Maintenance: A Reassessment of its Competitive Harms and Benefits, in More Common Ground For International Competition Law (Edward Elgar, ed. 2009)