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Joseph P. Bauer

Joseph P. Bauer

Professor Emeritus of Law

Office: 1185 Eck Hall of Law
Phone: 574-631-6514
Fax: 574-631-8078
Email: jbauer@nd.edu
Staff Assistant: Debbie Sumption

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 retired at the end of the fall semester in 2015.

He taught the required first-year course in civil procedure, and also taught antitrust, copyright and trademarks, and conflict of laws. During his tenure, he served the Law School in numerous ways, including as co-director of the London Law Program (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

Scholarship

Books

  • 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.

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

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