Southwestern Law School Los Angeles, CA
 

Faculty Profile

Warren S. Grimes

Warren S. Grimes

Professor of Law

B.A., History, 1965, Stanford University; J.D., 1968, University of Michigan, Ann Arbor; Research Fellow, 1970-1972, Max Planck Institute for Competition Law and Max Planck Institute for Public and International Law, Germany; Order of the Coif; Member, California State Bar

Courses    Publications

Email:
Phone: (213) 738-6804
Office: BW439

Warren Grimes honed his expertise in antitrust and other public policy issues during his 16 years in government service. Following a year as a litigator with the firm of O'Melveny & Myers and three years as a fellow at the Max Planck Institute in Germany, he began his government career as an attorney advisor to the U.S. Department of Justice, Office of Legal Counsel. There he drafted legal opinions for the President and other executive branch officials. He was then recruited by the Federal Trade Commission (FTC) and represented the agency in many federal court antitrust proceedings and at antitrust meetings of the Organization for Economic Cooperation and Development headquartered in Paris, France. Professor Grimes then moved to the U.S. House of Representatives where he served as chief counsel of the Judiciary Committee's Subcommittee on Monopolies and Commercial Law.

"On occasion, a scholarly paper can impact policy, which is extremely satisfying. But writing also allows me to refine my thinking and improve my ability to teach my subject."

After several years of serving as an adjunct professor at Georgetown University Law Center and Columbus School of Law of Catholic University, Professor Grimes accepted an appointment to Southwestern's full-time faculty in 1988. He was recognized for his teaching excellence and scholarship with the Irwin R. Buchalter Professorship in 2000 and the Irving D. and Florence Rosenberg Professorship in 2006. With his international reputation continuing to expand, he has served as a visiting professor at Nihon University in Tokyo, Japan, and as a lecturer on international antitrust enforcement at the Comparative Competition Law Conference at the College of Europe in Brussels, among other forums around the world.

Professor Grimes is co-author of the definitive antitrust law text for lawyers and law students, The Law of Antitrust: An Integrated Handbook with the late Professor Lawrence Sullivan and has written numerous scholarly articles on related topics. He points out, "On occasion, a scholarly paper can impact policy, which is extremely satisfying. But writing also allows me to refine my thinking and improve my ability to teach my subject."

Professor Grimes chaired the Los Angeles County Bar Association Antitrust and Trade Regulation Section and is a member of the Executive Committee, and serves on the Advisory Board of the American Antitrust Institute. In 2009, he was one of two American professors appointed to the Scientific Advisory Board of the Max Planck Institute for Intellectual Property, Competition, and Tax Law in Munich Germany, which is made up of experts from Europe and North America.

Publications

Books and Chapters

ANTITRUST LAW IN A NEW TECHNOLOGICAL AGE (West Publishing, forthcoming) (with L. Sullivan)

THE LAW OF ANTITRUST: AN INTEGRATED HANDBOOK, 2nd ed. (West Publishing, 2006) (with L. Sullivan)

THE LAW OF ANTITRUST: AN INTEGRATED HANDBOOK (West Publishing, 2000) (with L. Sullivan)

From Schwinn to Sylvania to Where? Historical Roots of Modern Vertical Restraints Policy, in ANTITRUST STORIES (Daniel A. Crane and Eleanor M. Fox, eds.; Foundation Press, 2007)

Competition Within the Distribution System: A New Model for U.S. Antitrust Law Analysis of Vertical Restraints? in WIRTSCHAFTS- UND PRIVATECHT IM SPANNUGSFELD VON PRIVATAUTONOMIE, WETTEWRB UND REGULIERUNG, FESTSCHRIFT FUR ULRICH IMMENGA (2004)

The Microsoft Litigation and Federalism in U.S. Antitrust Enforcement: Implications for International Competition Law, in THE FUTURE OF TRANSNATIONAL ANTITRUST: FROM COMPARATIVE TO COMMON COMPETITION LAW (Josef Drexl, ed.; Kluwer Law International, 2003)

International Antitrust Enforcement Directed at Restrictive Practices and Concentration: The United States' Experience in COMPARATIVE COMPETITION LAW: APPROACHING AN INTERNATIONAL SYSTEM OF ANTITRUST LAW (Nomos Verlagsgesellschraft Baden-Baden, 1998)

Articles

Heel or Hero? Aereo and television distribution, RADIO AND TELEVISION BUSINESS REPORT (January 2014)

Fixing broken pay TV, LOS ANGELES DAILY JOURNAL (August 2013)

Illinois Tool Works Inc. v. Independent Ink, Inc., Requirements Tie-ins and Intellectual Property, 13:2 SOUTHWESTERN JOURNAL OF LAW & TRADE IN THE AMERICAS 335 (with L. Sullivan, 2007)

The Future of Distribution Restraints Law: Will the New Learning Take Hold?, 2006 UTAH LAW REVIEW 829 (2006)

Buyer Power and Retail Gatekeeper Power: Protecting Competition and the Atomistic Seller, 72 ANTITRUST LAW JOURNAL 563 (2005)

Counterproductive Incentives for Innovation? Exclusionary Conduct in the Sale of an IP Product, 36 INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPARATIVE LAW 214 (2005)

A Study in Merger Enforcement Transparency: The FTC's Ocean Cruise Decision and the Presumption Governing High Concentration Mergers, ANTITRUST SOURCE (with John E. Kwoka; May 2003)

Transparency in Federal Antitrust Enforcement, 51 BUFFALO LAW REVIEW 937 (2003)

The Antitrust Tying Law Schism: A Critique of Microsoft III and a Response to Hylton and Salinger, 70 ANTITRUST LAW JOURNAL 199 (2002)

Antitrust and the Systemic Bias Against Small Business: Kodak, Strategic Conduct, and Leverage Theory, 52 CASE WESTERN RESERVE LAW REVIEW 231 (2001)

The Sherman Act's Unintended Bias Against Lilliputians: Small Players Collective Action as a Counter to Relational Market Power, 69 ANTITRUST LAW JOURNAL 195 (2001)

Application of Competition Law to Franchising: The US and European Approaches Compared, 31 INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW 247 (2000)

Making Sense of State Oil v. Khan: Vertical Maximum Price Fixing Under a Rule of Reason, 66 ANTITRUST LAW JOURNAL 567 (1998)

The Nature and Purposes of U.S. Antitrust Law, NIHON UNIVERSITY LAW JOURNAL (1998)

When Do Franchisors Have Market Power? Antitrust Remedies for Franchisor Opportunism, 65 ANTITRUST LAW JOURNAL 105 (1996)

Rate-Fixing and Ocean Shipping, JOURNAL OF COMMERCE (February 1996)

Balancing Act: Proposed Constitutional Amendment Is Bad Policy, LOS ANGELES DAILY JOURNAL 6, col. 3 (February 1995)

Brand Marketing, Intrabrand Competition, and the Multibrand Retailer: The Antitrust Law of Vertical Restraints, 64 ANTITRUST LAW JOURNAL 83 (1995)

The ABA Consent Decree: Reflections on Oversight of the Consent Process, ANTITRUST MAGAZINE 25, col. 1 (Fall 1995)

Antitrust Tie-In Analysis After Kodak: A Reply to Larson's Comment, 63 ANTITRUST LAW JOURNAL 267 (1994)

Antitrust Tie-in Analysis After Kodak: Understanding the Role of Market Imperfections, 62 ANTITRUST LAW JOURNAL 263 (1994)

A Thesis in Search of a Disciplined Proof: Comments on Bruce Johnson's 'Hayek and Markets,' 23 SOUTHWESTERN UNIVERSITY LAW REVIEW 565 (1994)

The Seven Myths of Vertical Price Fixing: The Politics and Economics of a Century-Long Debate, 21 SOUTHWESTERN UNIVERSITY LAW REVIEW 1285 (1992)

Spiff, Polish and Consumer Demand Quality: Vertical Price Restraints Revisited, 80 CALIFORNIA LAW REVIEW 815 (1992)

Hundred-Ton Gun Control: Preserving Impeachment as the Exclusive Removal Mechanism of Federal Judges, 38 UCLA LAW REVIEW 1209 (1991)

After the Reagan Years: Time to Reinvigorate the Competition Laws, LEGAL TIMES 22 (July 989); reprinted in NEW JERSEY LAW JOURNAL 11 (August 1989)

Morrison v. Olson: A Spirited Dialogue on the Constitutionality of the Independent Counsel Law, SOUTHWESTERN LAW 6 (Winter 1988) (with J. Knipprath)

The Laker Case, Extraterritorial Application of United States Antitrust Law, (published in German), INTERNATIONALES PRIVATRECHT, INTERNATIONALES WIRTSCHAFTSRECHT 179 (1985)

Book Review, PRINCIPLES OF ANTITRUST LAW (S. Ross; Foundation Press, 1993), ANTITRUST (FALL 1993)

Other

SSRN

Loyalty Discounts on Strongly Branded Goods, Testimony before the Department of Justice and Federal Trade Commission, Hearings on Single-Firm Conduct and Antitrust Law, November 20, 2006

Tying:Requirements Ties, Efficiency and Innovation, Testimony before the Department of Justice and Federal Trade Commission, Hearings on Single-Firm Conduct and Antitrust Law, November 20, 2006

Selected Achievements

Member, Scientific Advisory Board (Fachbeirat), Max Planck Institute for Intellectual Property, Competition, and Tax Law (Munich Germany), 2009-

Member, Advisory Board, American Antitrust Institute, 1998

Chair, Antitrust & Trade Regulation Section, Los Angeles County Bar Association, 1998-99

First Vice Chair, Antitrust & Trade Regulation Section, Los Angeles County Bar Association, 1997-98

Visiting Professor, Nihon University, Tokyo, Japan, March 1997

Lecturer, International Antitrust Enforcement Directed at Restrictive Practices and Concentration: the United States' Experience, Comparative Competition Law Conference, College of Europe, Bruges, Brussels, July 1997