Marina Lao   

Marina Lao

Professor of Law

Professor Marina Lao joined the Seton Hall law faculty in 1994 after over a decade of practice experience in government and in the private sector. She took a leave of absence from February 2015 to June 2016 to serve as the Director of the Office of Policy Planning at the U.S. Federal Trade Commission. Professor Lao teaches courses on antitrust law, business associations, administrative law, and commercial law. She has written, lectured, and commented extensively on antitrust law and policy. Additionally, Professor Lao has offered invited testimony to the House Judiciary Committee, and presented at workshops convened by the U.S. Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice. She is a member of the advisory board of the American Antitrust Institute, and was Chair of the Section of Antitrust and Economic Regulation of the Association of American Law Schools.

Professor Lao was awarded a Fulbright Fellowship in 2007-2008 to the University of Munich and the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich, where she taught U.S. Antitrust Law. She was named the inaugural Maury Cartine Research Endowment Fellow in 2010, the Edward S. Hendrickson Professor in 2008, the Andrea Catania Fellow for Excellence in Teaching for 2003-2005, and the Dean’s Fellow for 2003-2005, and 2000-2001.

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.



Ideology Matters in the Antitrust Debate, 79 Antitrust L. J. 649 (2014)

'Neutral' Search As a Basis for Antitrust Action?, Harv. J. L. & Tech. Occasional Paper Series (July 2013)

Search, Essential Facilities, and the Antitrust Duty to Deal, 11 Northwestern Journal of Technology & Intellectual Property 275 (2013)

The Perfect is the Enemy of the Good: The Antitrust Objections to the Google Books Settlement, 78 Antitrust L. J. 201 (2012)

Internet Retailing and “Free Riding”: A Post-Leegin Antitrust Analysis, 14 No. 9 Journal of Internet Law 1 (2011)

Editor’s Note, Symposium, The Effect of Economic Crises on Antitrust Policy, 76 Antitrust Law Journal 213 (2010)

Resale Price Maintenance: The Internet Phenomenon and "Free Rider" Issues, 55 Antitrust Bulletin 473 (2010)

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)


Resale Price Maintenance: A Reassessment of its Competitive Harms and Benefits, in More Common Ground for International Competition Law 59, (Josef Drexl et. al Eds., Edward Elgar) (2011)

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)

Defining Exclusionary Conduct Under Section 2: The Case for Non-Universal Standards, in Fordham Competition Law Institute International Antitrust Law & Policy 433-68 (2006) (Barry Hawk, ed.)