Joseph P. Bauer

Professor Emeritus of Law

Office: 2190 Eck Hall of Law
Phone: 574.631.6514
Fax: 574.631.8078
CV: View

Joseph P. Bauer, an expert in the field of antitrust, joined the Notre Dame Law School faculty in 1973 as an assistant professor, becoming an associate professor in 1977 and a full professor in 1980. He teaches the required first-year course in civil procedure, and also teaches antitrust, copyright and trademarks, and conflict of laws. During his tenure, he has served the Law School in numerous ways, including as co-director of the London Law Programme (1975-76, 1989-90), as associate dean (1985-88, 1991, 1996), as elected representative to the Provost’s Advisory Committee (1993-99), as elected vice chair of the Law School’s Appointments Committee for more than 10 years, and as elected vice chair of the Law School’s Promotions Committee on several occasions. He earned his B.A. from the University of Pennsylvania in 1965 and his J.D. from the Harvard Law School in 1969.

A member of the New York bar since 1970, he worked as an associate at the New York City law firm of Kaye, Scholer, Fierman, Hays & Handler (1969-72), and served as an instructor at the University of Michigan (1972-73). During the spring and summer of 2002, he was on leave, working in an Of Counsel Status at Kirkland & Ellis in Washington, D.C. He has also held a visiting professorship at Emory Law School (spring, 2004) and at the University of North Carolina (1981-82). He has also taught at a number of foreign law schools, including Hong Kong University, University College London, and the University of Innsbruck (Austria).

Since 1985, Bauer, with the late Earl W. Kintner until his death some years ago, has prepared the annual updates to a seminal work in antitrust law, Kintner and Bauer, Federal Antitrust Law, volumes I-XI. In 2013, he published, with Professor William Page of the University of Florida College of Law and John Lopatka of Penn State Law School as his co-authors, the second revised edition of Volume II of this series, which concentrates on sections 1 and 2 of the Sherman Act. This is the sixth volume in this series written by Bauer. Bauer has also served as a consultant to the Federal Trade Commission’s Bureau of Competition (1977-78), and has served on the AALS Antitrust Section Executive Committee (member 1984-89, chair 1987-89). He is a member of the Advisory Board of the American Antitrust Institute. He has testified on numerous occasions before Senate and House committees and subcommittees and in judicial proceedings, and he has served as an expert or consultant for a number of antitrust and intellectual property matters.

Courses Taught

LAW60308, Civil Procedure
LAW70117, Antitrust Law
LAW70131, Copyright and Trademark
LAW70371, Conflict of Laws



Federal Antitrust Law, with E. W. Kintner, William H. Page & John E. Lopatka (LexisNexis, Supps 1-11, 2014).

2 Federal Antitrust Law, with William H. Page & John E. Lopatka (Lexis-Nexis, 3d ed. 2013).

2 Federal Antitrust Law: Practices Prohibited by the Sherman Act, with Wm. Page (rev. 2d ed.) (Anderson Publishing Co. 2002).

11 Federal Antitrust Law: Relief, Defenses, Prior Adjudication, and Statutes of Limitations (Anderson Publishing Co. 1998).

10 Federal Antitrust Law: State Action Doctrine, Noerr-Pennington Doctrine, Miscellaneous Exemptions, with E.W. Kintner (Anderson Publishing Co. 1994).

9 Federal Antitrust Law: Antitrust Exemptions, with E.W. Kintner (Anderson Publishing Co. 1989).

3 Federal Antitrust Law: The Robinson-Patman Act, with E.W. Kintner (Anderson Publishing Co. 1983).

Book Segments

The Foreign Trade Antitrust Improvements Act: Further Limitations on the Ability of the Antitrust Regime to Promote Customer Welfare Chapter 8 in Competition and the State, pp 134-148 (Stanford Univ. Press, pub.) (2014).

Supplements to Volumes I, II, III, IV, V, VI, VII, VIII, IX, X and XI of Federal Antitrust Law, with E.W. Kintner (Lexis NexisPublishing Co. 2015), prepared and updated annually since 1985.

Professor Bauer has published numerous articles on antitrust, civil procedure, intellectual property law, and conflicts of laws including:

The Foreign Trade Antitrust Improvements Act: Do We Really Want to Return to American Banana?, 65 Maine L. Rev. 4-26 (2012).

Shedding Light on Shady Grove: Further Reflections on the Erie Doctrine From a Conflicts Perspective, 86 Notre Dame Law Review 939-985 (2011).

Copyright and the First Amendment: Comrades, Combatants, or Uneasy Allies?, 67 Washington & Lee Law Review 831-914 (2010).

Addressing the Incoherency of the Preemption Provision of the Copyright Act of 1976, 10 Vanderbilt J. of Entertainment and Technology Law 1 (2007).

Antitrust Implications of Aftermarkets, 52 Antitrust Bulletin 31 (2007).

Refusals to Deal with Competitors by Owners Of Patents and Copyrights: Reflections on the Image Technical and Xerox Decisions, 55 DePaul Law Review 1211-46 (2006).

Reflections on the Manifold Means of Enforcing the Antitrust Laws: Too Much, Too Little, or Just Right? 16 Loyola Consumer Law Review 303 (2004).

The Stealth Assault on Antitrust Enforcement: Raising the Barriers for Antittrust Injury and Standing, 62 University of Pittsburgh Law Review 437 (2001).

The Erie Doctrine Revisited: How a Conflicts Perspective Can Aid the Analysis, 74 Notre Dame Law Review 1235 (1999).

Antitrust and Sports: Must Competition on the Field Displace Competition in the Market?, 60 Tennessee Law Review 263 (1993).

Schiavone: An Un-Fortune-ate Illustration of the Supreme Court'€™s Role as Interpreter of the Federal Rules of Civil Procedure, 63 Notre Dame Law Review 720 (1988).

Application of the Antitrust Laws to the Activities of Insurance Companies: Heavier Risks, Expanded Coverage, and Greater Liability, of the Antitrust Laws 63 North Carolina Law Review 431 (1985).

Antitrust Exemptions for Private Requests for Governmental Action: A Critical Analysis of the Noerr-Pennington Doctrine, 17 UC-Davis Law Review 549 (1984).

A Federal Law of Unfair Competition: What Should Be the Reach of Section 43(a) of the Lanham Act?, 31 UCLA Law Review 671 (1984).

Government Enforcement Policy of Section 7 of the Clayton Act: Carte Blanche for Conglomerate Mergers?, 71 California Law Review 348 (1983).

A Simplified Approach to Tying Arrangements: A Legal and Economic Analysis, 33 Vanderbilt Law Review 283 (1980).

Per Se Illegality of Concerted Refusals to Deal: A Rule Ripe for Reexamination, 79 Columbia Law Review 685 (1979).

Challenging Conglomerate Mergers Under Section 7 of the Clayton Act: Today’s Law and Tomorrow’s Legislation, 58 Boston Univ. Law Review 199 (1978).

Professional Activities and the Antitrust Laws, 50 Notre Dame Lawyer 570 (1975).

Appellate Briefs
(also oral argument before the U.S. Supreme Court)

Brief for Respondent, Northwest Wholesale Stationers v. Pacific Stationery & Printing Co., 472 U.S. 284 (1984).

Brief and Reply Brief for Petitioner, Lee v. United States, 432 U.S. 23 (1977).

Areas of Expertise

  • Antitrust
  • Civil Procedure
  • Conflict of Laws
  • Copyright Law
  • Federal Courts & Federal Litigation
  • Intellectual Property Law
  • Trademarks

In the News

Reynolds American-Lorillard merger could face antitrust hurdles - (Quotes: Joseph Bauer) - CBS Money Watch, July 16, 2014
NCAA: O’Bannon case a possible bellwether for big changes in college sports - (Quotes: Joseph Bauer) - The Salt Lake Tribune, July 1, 2014
Apple ordered to change 'most favored' e-book contracts - (Quotes: Joseph Bauer) - Washington Post, September 6, 2013
Apple's E-Book Story Still Largely Unwrit - (Quotes: Joseph Bauer) - MacNewsWorld, July 12, 2013
San Jose's Lawsuit Against Major League Baseball Is Weak - (Quotes: Joseph Bauer) - Forbes, June 20, 2013
Professor Bauer was quoted by the Associated Press on Pa. governor sues NCAA over Penn State sanctions in the following sources on January 1, 2013:
Fox Sports, Huffington Post, Yahoo! News, CBS, ABC, Businessweek, NPR, US News and World Report

Professor Bauer was also quoted on the ATT&T, T-Mobile merger in the following sources on August 31, 2011:

Government Sues To Block AT&T, T-Mobile Merger, Washington Post, NPR, Forbes, ABC, and many other media sources.

AT&T Gearing Up for Rare Antitrust Fight With DOJ, New York Times, CBS, BusinessWeek, and over 100 other media sources.