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Marina Lao   

Marina Lao

Professor of Law


Marina Lao, the Board of Visitors Research Scholar and the Edward S. Hendrickson Professor of Law, 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 through 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 hearings/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 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.

SELECTED PUBLICATIONS

BOOKS AND BOOK CHAPTERS


Erring on the Side of Antitrust Enforcement When in Doubt in Data-Driven Mergers, in Douglas H. Ginsburg, An Antitrust Professor On The Bench-Liber Amicorum-Vol I, pp.497-530, N. Charbit Et Al, Eds, Institute Of Competition Law (2018)

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.)

LAW REVIEW ARTICLES


Workers in the “Gig” Economy: The Case for Extending the Antitrust Labor Exemption, 51 UC DAVIS L. REV. 1543 (2018)

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)


PRESENTATIONS
Full list of presentations available in Curriculum Vitae

Market Definition Between Law and Economics: Spectrum or Prism, 2018 Next Generation of Antitrust Scholars Conference (January 2018) (Discussant, NYU School of Law & ABA Section of Antitrust Law, NYU)

Promoting Platforms Competition: Competitive Effects and Remedies, American Antitrust Institute Digital Platforms Roundtable, Applying the Antitrust Laws to Digital Platforms, Washington, DC (March 2018) (Panelist)

Workers in the “Gig” Economy: The Case for Extending the Antitrust Labor Exemption, Antitrust Scholars’ Roundtable, Competition, Antitrust Law, and Innovation Forum (CALIF), UC Irvine, CA (April 2018) (Presenter)

Antitrust: The Centrality of Innovation to the Competition Discourse, Section on Antitrust & Economic Regulation and Section on Intellectual Property, 2017 AALS, Annual Meeting, San Francisco, CA (January 2017) (Panelist)

Does Antitrust Law Need to Innovate to Stay Relevant in the 21st Century?, ABA Annual Meeting, NYC, NY (August 2017) (Panelist)

Federal Antitrust Limits on State Licensing Boards, Seton Hall Law School CLE Program, Newark, NJ (November 2017) (Speaker)

Health Care and Antitrust, Seton Hall Health Care and Antitrust Conference (September 2017) (Panelist)

What To Do About Concentration in the Health Care Sector: Antitrust and Beyond, Section on Antitrust & Economic Regulation and Section on Law, Medicine and Health Care, 2017 AALS, Annual Meeting, San Francisco, CA (January 2017 ) (Panelist)

Workers in the “Sharing” (or “Gig”) Economy: The Case for Extending the Antitrust Labor Exemption to Them, U.S. Dept. of Justice, Antitrust Division, Washington, DC. (March 2017) (Speaker)

Antitrust and the State, Antitrust & Economic Regulation Section, 2016 AALS, Annual Meeting, NYC, NY (January 2016) (Panelist)

Emerging Competition Issues: Keeping Pace in a Changing World, Canadian Competition Bureau, Ottawa, Canada (January 2016) (Keynote Speaker )

Federal Antitrust Limits on State Licensing Boards, Seton Hall Law School CLE Program (November 2016) (CLE Lecture)

Innovation Economics and New Business Models: Which Consequences for Antitrust Policy?, Searle Center on Law, Regulation and Economic Growth (Co-Sponsor: Concurrences), The Global Antitrust Economics Conference, Northwestern Pritzker School of Law, Chicago (October 2016) (Panelist)

The On-Demand Economy and Challenges to Existing Regulatory and Competition Frameworks , Stanford Institute for Economic Policy Research Conference on Antitrust & Intellectual Property in High Tech Industries, Stanford University, CA (April 2016) (Panelist )

The Sharing Economy: Disrupting, Sharing, and Building a New Way Forward, The Better Business Bureau 2016 Annual Conference, Washington, DC (April 2016) (Panelist)

The Supreme Court’s Ruling in N.C. Board of Dental Examiners v. FTC, 2016 ADEA (American Dental Education Ass’n) Annual Session, Denver, CO (March 2016) (Speaker)

Competition Advocacy at the FTC, Congreso Internacional de Libre Competencia Economica, Industria Y Comericio Superintendencia (hosted by the Colombia Competition Bureau), Colombia (October 2015) (Speaker)

Mavericks Wrestling with Regulation: Tesla, Uber, and AirBnb, ABA Antitrust Section 2015 Annual Meeting, Washington, DC (April 2015) (Panelist)

State Regulation: Changes Will Continue—How to Impact Change, American Telemedicine Association Fall Forum, Washington, DC (September 2015) (Panelist)

The Sharing Economy and Competition Advocacy, Insight Sharing Economy Symposium, Toronto, CA (December 2015) (Keynote Speaker)

The Sharing Economy: Lessons Learned and Possible Parallels to Renewable Energy, U.S. Smart Grid Task Force Meeting, Washington, DC (September 2015) (Speaker)

Debate Update: Defining Section 5 Unfair Methods of Competition, ABA Antitrust Section 2014 Annual Meeting, Washington, DC (March 2014) (Panelist )

Market for “Bigness”, Next Generation of Antitrust Scholars’ Conference, NYU School of Law (January 2014) (Discussant )

Chair’s Showcase Session – The Political Hand in American Antitrust: Invisible, Inspirational or Imaginary, ABA Antitrust Section 2013 Annual Meeting, Washington, DC (April 2013) (Co-Moderator)

Google and Antitrust, Section of Antitrust and Economic Regulation, 2013 AALS Annual meeting New Orleans, LA (January 2013) (Panelist)

Internet Search and Antitrust, Searle Center on Law, Regulation, and Economic Growth, Fourth Annual Conference on Internet Search and Innovation, Northwestern Law School (June 2013) (Presenter)

Antitrust and Intellectual Property, Next Generation of Antitrust Scholarship Conference II, NYU School of Law (January 2012) (Discussant)

Current Issues in Vertical Restraints, Legal and Economic Issues for Experienced Competition Authority Officials and Judges, Fordham Competition Law Institute, New York (July 2012) (Presenter )

Search, Duties to Deal, and Essential Facilities, Henry G. Manne Program in Law & Economics Second Annual Conference on Competition, Search, and Social Media, George Mason Law School (May 2012) (Panelist )

The Google Books Settlement, Presenter at the 12th Annual Loyola Antitrust Colloquium, Institute of Consumer Antitrust Studies, Chicago (April 2012)

Free-Riding, Antitrust Challenges of Multi-Channel Distribution in the Internet Age, American Antitrust Institute Annual Invitational Symposium, Washington, D.C (June 2011) (Presenter)

Implications of Leegin on Internet Commerce and Retail Innovations, Program on Post-Leegin Resale Price Fixing, American Bar Association, Section of Antitrust Law, New York (January 2011) (Presenter)

The Google Books Settlement , Henry G. Manne Program in Law & Economics Studies Research, Roundtable: The Law & Economics of Search Engines and Search Advertising, George Mason Law School (November 2011) (Presenter )

Antitrust Censorship of Economic Protest, Next Generation of Antitrust Scholarship Conference I, NYU Law School, New York (January 2010) (Discussant)

Scholars’ Showcase Program, American Bar Association, Section of Antitrust Law, 58th Annual Spring Meeting, Washington, DC (April 2010) (Moderator and Chair)

The Impact of Economic Crises on Antitrust Policy, Section on Antitrust & Economic Regulation, AALS Annual Meeting, New Orleans, LA (January 2010) (Moderator)

Reassessing the Procompetitive and Anticompetitive Effects of Resale Price Maintenance , ASCOLA Conference: More Common Ground for International Competition Law?, Washington, DC (June 2009) (Presenter )

Has The “Free Rider” Explanation for Vertical Arrangements Been Unrealistically Expanded?, Kirkpatrick Antitrust Conference, Conservative Economic Influence on U.S. Antitrust Policy, Georgetown University Law School, Washington, DC (April 2007) (Presenter)

Vertical Restraints, The “Free Rider” Explanation, and Competition Law Policy, Market Access, Intellectual Property Rights, and Competition Policy, Law & Society in the 21st Century, 2007 Law & Society Association Annual Conference, Berlin (July 2007) (Presenter)

General Approaches to Defining Abusive/Monopolistic Practices, 33rd Annual Conference on International Antitrust Law & Policy, Fordham Competition Law Institute, New York, NY (September 2006) (Roundtable)

Scholars’ Showcase Program, American Bar Association, Section of Antitrust Law, Annual Spring Meeting 2005, Washington, DC (March 2005) (Moderator)

The Role of the Academic in Shaping Competition Policy in the United States , Symposium, Emerging Competition Law Regimes in the Pacific Rim, Beijing, China (June 2005) (Panelist)

Guilds at the Millennium: Antitrust and the Professionals, AALS, Section of Antitrust & Economic Regulation, Annual Meeting, New Orleans, LA (January 2002) (Presenter )

Scholars’ Showcase Program, antitrust Application to Law School Accreditation, American bar Association, Section of Antitrust Law, 2002 Annual Spring Meeting (April 2002) (Presenter)

The “Strange” Case of U.S. v. Brown University, Second Annual Midwest Antitrust Colloquium, Institute for Consumer Antitrust Studies, Loyola Univ. Chicago School of Law (April 2002) (Commentator )

Reconciling Tortious Interference and the Antitrust Law, American Bar Association, Section of Antitrust Law, Annual Meeting (March 2001) (Presenter )

The Future Course of the Rule of Reason, Section of Antitrust & Economic Regulation, AALS Annual Meeting, Washington, DC (January 2000) (Commentator)

Intersections in the Law: Antitrust and Intellectual Property, Symposium, Cornell Journal of Law & Public Policy, Cornell Law School (April 1999) (Panelist)