John B. Kirkwood is a Professor at Seattle University School of Law and a member of the American Law Institute. The Supreme Court has quoted him and three of his articles have won national awards for pathbreaking antitrust scholarship. His work has appeared in the Florida Law Review, the Notre Dame Law Review, the Boston University Law Review, and many other highly ranked journals. He has testified before Congress and at the hearings on predatory pricing held by the FTC and the Justice Department. The New York Times, USA Today, The Seattle Times, and many other print and broadcast media have quoted him. He speaks often at antitrust conferences and consults and testifies in antitrust cases. He is Chair of the Antitrust and Economic Regulation Section of the Association of American Law Schools and an Advisor to the American Antitrust Institute and the Institute of Consumer Antitrust Studies. He was Co-Editor of Research in Law and Economics for eight years. After graduating from Yale magna cum laude and with Honors of Exceptional Distinction in Economics, he received a master’s degree in public policy and a law degree from Harvard, both with honors. He directed the Planning Office, the Evaluation Office, and the Premerger Notification Program at the FTC’s Bureau of Competition in Washington, D.C. and later managed cases and investigations at the Northwest Regional Office. At Seattle University, he has received the Outstanding Faculty Award and the Dean’s Medal.
Reforming The Robinson-Patman Act, Competition Policy International (CPI) (2023).
Tech Giant Exclusion, 74 Fla. L. Rev. 4 (2021).
Market Power and Antitrust Enforcement, 98 B.U. L. REV.1169 (2018) (lead article).
Online RPM, in CAMBRIDGE UNIVERSITY PRESS HANDBOOK OF ANTITRUST, INTELLECTUAL PROPERTY AND HIGH TECH (2017) (invited chapter).
Buyer Power and Healthcare Prices, 91 WASH. L. REV. 253 (2016).
Collusion to Control a Powerful Customer: Amazon, E-Books, and Antitrust Policy, 69 U. MIAMI L. REV. 1 (2014) (lead article).
The Essence of Antitrust: Protecting Consumers and Small Suppliers from Anticompetitive Conduct,81 FORDHAM L. REV. 2425 (2013).
Powerful Buyers and Merger Enforcement,92 B.U. L. REV. 1485 (2012) (winner of the Jerry S. Cohen Award for the best antitrust scholarship published in the United States in 2012).
The Predictive Power of Merger Analysis, 56 ANTITRUST BULL. 543 (2011).
Rethinking Antitrust Policy Toward RPM, 55 ANTITRUST BULL. 423 (2010).
The Path to Profitability : Reinvigorating The Neglected Phase of Merger Analysis, 17 GEORGE MASON L. REV. 39 (2009).
The Fundamental Goal of Antitrust: Protecting Consumers, Not Increasing Efficiency, 84 NOTRE DAME L. REV. 191 (2008) (with Robert H. Lande).
Chicago's Foundation is Flawed: Antitrust Protects Consumers, Not Efficiency, in HOW THE CHICAGO SCHOOL OVERSHOT THE MARK: THE EFFECT OF CONSERVATIVE ECONOMIC ANALYSIS ON U.S. ANTITRUST (Oxford Univ. Press, Robert Pitofsky ed. 2008) (with Robert H. Lande).
Controlling Above-Cost predation: An Alternative to Weyerhaeuser and Brooke Group, 53 ANTITRUST BULL. 369 (2008).
The Robinson-Patman Act and Consumer Welfare: Has Volvo Reconciled Them?30 SEATTLE U. L. REV. 349 (2007).
Buyer Power and Exclusionary Conduct: Should Brooke Group Set the Standards for Buyer-Induced Price Discrimination and Predatory Bidding?72 ANTITRUST L.J. 625 (2005) (quoted by the Supreme Court).
The Paradox of Predatory Pricing
January 05, 2022 | Competition Policy International
An essay by Prof. John Kirkwood explores effective options for legal challenges to predatory pricing.
Free Press roundup: Alden's turkey surprise
November 24, 2021 | The Seattle Times
John Kirkwood said antitrust law doesn't allow for standards based on public interest.
Washington's antitrust push could limit Amazon, Google's health care ambitions
July 01, 2021 | STAT
John Kirkwood is quoted in this article about efforts to break up big tech companies.
Amazon's reported $9B bid for MGM would make it 'king' of streaming but likely wouldn't be blocked
May 25, 2021 | Yahoo Finance
Professor John Kirkwood says federal regulators are busy with other big cases.
Amazon gears up to defend itself against escalating antitrust scrutiny
April 04, 2021 | The Seattle Times
Breakups of big firms rarely happen, Professor John Kirkwood says.