Southwestern Law School Los Angeles, CA
 

Faculty Profile

Lawrence A. Sullivan

Lawrence A. Sullivan

Professor of Law Emeritus

B.A., with honors, Economics, 1948, University of California, Los Angeles; J.D., magna cum laude, 1951, Harvard University; Guggenheim Fellow, 1978; Fellow, 1984, Max Planck Institut fur Auslandisches und Rechtsvergleichung, Hamburg; Member, Massachusetts State Bar

Publications

NEWS RELEASE - OCTOBER 10, 2007:

Southwestern Mourns the Loss of Beloved Professor Emeritus Lawrence Sullivan

Professor Lawrence A. Sullivan, a member of the full-time faculty at Southwestern since 1991 and an internationally recognized authority on antitrust law whose Handbook of the Law of Antitrust has been cited in hundreds of U.S. Supreme Court and other federal court opinions, passed away on October 7. He was 84.

Beloved by his family as a warm and giving man, valued by students for his gentle but passionate and precise teaching, and esteemed by faculty as a generous and nurturing colleague, Professor Sullivan's contribution to legal education and the profession were celebrated at the "Antitrust and Intellectual Property in Global Context - A Symposium in Celebration of the Work of Lawrence A. Sullivan" presented by the Southwestern Journal of Law and Trade in the Americas in February (2007). Members of the bench, attorneys, Southwestern colleagues and professors from esteemed law schools nationwide gathered to speak about the reach and impact of his work on antitrust law.

"Larry Sullivan embodied all the values that law schools seek in a professor. Southwestern is a far better place today because of his legacy," said Dean Bryant Garth.

 

Professor Sullivan first began teaching law as a visiting associate professor of law at the University of California, Berkeley, upon completion of a judicial clerkship with Chief Judge Calvert Magruder of the U.S. Court of Appeals. He spent the following decade and a half in private practice with the Boston firm of Foley, Hoag & Eliot where he became a partner. Returning to Berkeley in 1967, Professor Sullivan went on to serve as Acting Dean of the law school, Director of the Earl Warren Legal Institute, and in 1979 was named as the first Earl Warren Professor of Public Law.

After becoming professor emeritus at Berkeley in 1991, he joined the Southwestern faculty where he was honored as the Irwin R. Buchalter Professor of Law in 1997 and received an honorary Doctor of Laws degree in 2002. He taught antitrust, intellectual property, regulation and deregulation in the telecommunications industries, European Union, and software and internet law, among other courses, and played a key role in the development of Southwestern's Biederman Entertainment and Media Law Institute. He took emeritus status in 2005.

A magna cum laude graduate of the University of California, Los Angeles where he received his B.A. in Economics in 1948, Professor Sullivan earned his J.D. in 1951 at Harvard Law School where he served on Law Review. In 1978, he was a Guggenheim Fellow and in 1984, he was a Fellow of the Max Planck Institut fur Auslandisches und Rechtsvergleichung in Hamburg, Germany.

 

Professor Sullivan wrote several books and chapters and dozens of articles on antitrust. Along with his colleague, Southwestern Professor Warren Grimes, he recently published a revised and expanded edition of The Law Of Antitrust: An Integrated Handbook, considered a standard reference for students, practitioners and the judiciary. In May 2007, both professors were named winners of the Fifth Annual Jerry S. Cohen Memorial Fund Writing Award for the second edition (2006) of their treatise. Professor Sullivan's casebook, with E. Fox, Cases and Materials on Antitrust, is also used in law school antitrust courses around the country.

Professor Grimes noted, "As a scholar, Larry was careful, scrupulously fair, but never hesitant to advocate for results he believed in. He taught many a younger colleague how to blend and balance a thorough and careful analysis with articulate and persuasively stated conclusions."

 

Another of his collaborators, Professor Eleanor Fox, the Walter J. Derenberg Professor of Trade Regulation at New York University Law School, said, "Larry Sullivan was a humanist, a historian, and a person who valued people. He thought about the law's impact on people and worried about misuses of power and wealth. Even as antitrust law became so technical and lost sight of its origins, he never did. It was a rare privilege to collaborate with Larry on our casebook, and even more, to be his friend."

 

Renowned antitrust litigator Maxwell Blecher described Professor Sullivan as "a towering figure in the world of antitrust law who made monumental contributions to its development and understanding. He was also a warm and caring human being. His passing is devastating and he will be missed enormously by all of those who treasured his keen intelligence, wisdom and friendship."

 

Appointed by former President Carter to the National Commission for the Review of Antitrust Laws and Procedures, Professor Sullivan also served as a consultant on antitrust issues to the U.S. Department of Justice and the U.S. Department of Energy; the Senate and House subcommittees on antitrust; the Federal Trade Commission (FTC); the California Attorney General's Office; and the governments of Australia and Brazil. He lectured on antitrust and European Union issues before a myriad of national and international forums. In 1991, Professor Sullivan was awarded the Berkeley Citation by the University of California, Berkeley, and in 1992, the California State Bar Antitrust and Trade Regulation Section named him "Antitrust Lawyer of the Year."

 

According to Professor Robert Pitofsky, former Chairman of the FTC, and Dean Emeritus and Sheehy Professor in Antitrust and Trade Regulation Law at Georgetown University Law Center, "Larry often stood alone in the face of some very arrogant and unwise thinking and will be much missed."

Professor Herbert Hovenkamp, Ben and Dorothy Willie Chair at the University of Iowa College of Law, concurred, "Larry Sullivan was a truly brave and gifted academic who was always ready to defend his ideas - even when he represented a small, embattled minority."

Echoing a sentiment shared by all his colleagues on the Southwestern faculty, Professor Catherine Carpenter commented, "Larry was the most special of people: as kind as he was brilliant. And by his contributions to Southwestern, he elevated all of us. I know that we are all thrilled to have had the pleasure of his company for so long."

Professor Robert Lind added, "When Larry first told me about his illness he said: 'Well, I've had a good run.' He did indeed: teacher, scholar, musician, raconteur, world traveler, mentor, policy wonk and doting grandfather. Larry brought all of these skills and interests with him to Southwestern. We benefited from them as individuals and as an institution. His smile, laugh and the twinkle in his eyes will remain in our hearts and his great intellect will remain on our bookshelves."

 

Funeral services for Professor Sullivan will be private. In lieu of flowers, the family has asked that donations be made to the Professor Lawrence A. Sullivan Scholarship Endowment Fund at Southwestern Law School.

Publications

Books and Chapters

THE LAW OF ANTITRUST: AN INTEGRATED HANDBOOK, 2nd ed. (with W. Grimes; Thomson West 2006)

CASES AND MATERIALS IN U.S. ANTITRUST IN GLOBAL CONTEXT, 2nd edition (with E. Fox and R. Poritz; Thompson West, 2004)

THE LAW OF ANTITRUST: AN INTEGRATED HANDBOOK (with W. Grimes; West Publishing, 2000)

CASES AND MATERIALS ON ANTITRUST (with E. Fox; West, 1989; and supplements; Teacher's Manual, 1993)

HANDBOOK OF THE LAW OF ANTITRUST (West, 1977)

"The US, the EU, the WTO and Telecom Competition" in FESTCHRIFT FUR WOFGANG FIKENTSCHER (B. Grosfeld et al, editors; Mohr-Siebek, 1998)

"On the Growth of the Antitrust Idea," in DIE FREIHEIT ALS AUFGABE (with W. Fikentscher; W. Fikentscher, editor; Mohr Siebek, 1997)

"Post-Chicago Economics: Economists, Lawyers, Judges, and Enforcement Officials in a Less Determinate World," 63 ANTITRUST LAW JOURNAL 669 (1995); reprinted in AN ANTITRUST ANTHOLOGY (A. Gavil, editor; Anderson Publishing Company, 1996)

"The Viability of the Current Law on Horizontal Restraints," 75 CALIFORNIA LAW REVIEW 835 (1987); reprinted in COLLABORATIONS AMONG COMPETITORS: ANTITRUST POLICY AND ECONOMICS (Fox and Halverson, editors; ABA, 1992)

"Monopoly Conduct, Especially Leveraging Power from One Product or Market to Another" in ANTITRUST, INNOVATION AND COMPETITIVENESS, A CENTENNIAL CELEBRATION OF THE SHERMAN ACT (with A. Jones; T. Jorde and D. Teece, editors, Oxford University Press, 1991)

"'Comment' on the Kauper-Snyder Study of 'Private Antitrust Cases that Follow on Government Cases,'" in PRIVATE ANTITRUST LITIGATION (L. White, editor; MIT Press, 1988)

"Antitrust Laws and the Evolution of the State Action Doctrine," in ANTITRUST AND LOCAL GOVERNMENT (J. Siena, editor; Seven Locks Press, 1982)

Articles

"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 W. Grimes; 2007)

"Is Competition Policy Possible in Hightech Markets?: An Inquiry into Antitrust, Intellectual Property, and Broadband Regulation as Applied to 'The New Economy,'" 52 CASE WESTERN RESERVE LAW REVIEW 41 (2001)

"Microsoft Ruling: Foundation To Settle," CALIFORNIA BAR JOURNAL (August 2001)

"Technology, International Markets and White Collar Crime," 3 SECURITY JOURNAL 33 (1997)

"Elusive Goals Under the Telecommunications Act: Preserving Long Distance Competition Upon Baby Bell Entry and Attaining Local Exchange Competition: We'll Not Preserve One Unless We Attain the Other," 25 SOUTHWESTERN UNIVERSITY LAW REVIEW 487 (1996)

"Post-Chicago Economics: Economists, Lawyers, Judges, & Enforcement Officials in a Less Determinate Theoretical World," 63 ANTITRUST LAW JOURNAL 669 (1995)

"Draft International Antitrust Code as a GATT-MTO-Plurilateral Trade Agreement," 64 BNA ANTITRUST &TRADE REGULATION REPORT, No 1628 (Special Supplement) (1993)

"Section 2 of the Sherman Antitrust Act and Vertical Strategies by Dominant Firms," 21 SOUTHWESTERN UNIVERSITY LAW REVIEW 1227 (1992)

"The AT&T Antitrust Consent Decree: Should Congress Change the Rules?" 5 HIGH TECHNOLOGY LAW JOURNAL 233 (1990) (with E. Hertz)

"Good Trusts, Bad Trusts: A Short History of the Legal Idea," 35 ANTITRUST BULLETIN 57 (1990) (with E. Hertz)

"Antitrust and the Future: World Markets and Transnational Restraints," 10 NORTHWESTERN JOURNAL OF INTERNATIONAL LAW AND BUSINESS 140 (1989) (with E. Fox)

"Antitrust - Retrospective and Prospective - Where Are We Coming From? Where Are We Going?" 62 NEW YORK UNIVERSITY LAW REVIEW 936 (1987)

"Developments in the Noerr Doctrine," 56 ABA ANTITRUST LAW JOURNAL 361 (1987)

"Horizontal Merger Policy: Promoting Competition and American Competitiveness," 31 ANTITRUST BULLETIN 871 (1986)

"The Justice Department Guidelines on Mergers and Vertical Restraints: A Critique," 16 ANTITRUST LAW AND ECONOMIC REVIEW 11 (1984)

"Priorities Among Antitrust Concerns," 163 THE CONFERENCE BOARD RESEARCH BULLETIN 15 (1984)

"The New Merger Guidelines: An Afterword," 71 CALIFORNIA LAW REVIEW 632 (1983)

"Judicial Oversight of Antitrust Enforcement: Questions of Power; Questions of Wisdom," 52 ABA ANTITRUST JOURNAL 943 (1983)

"U.S. Policy in a Mixed World Economy," 15 NEW YORK UNIVERSITY JOURNAL OF INTERNATIONAL LAW & POLITICS 309 (1983)

"Warenzeichen und Behinderungspraktiken in den USA: Eine Vorlauflige Analyse," GRUR INT. 714 (1983)

"Monopolization: Corporate Strategy, the IBM Cases, and the Transformation of the Law," 60 TEXAS LAW REVIEW 587 (1982)

"More on Passing on: A Reply to Cooter and to Viton and Winston," 129 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1533 (1981)

"Preserving Efficiency and Assuring Corporate Accountability," 94 THE CONFERENCE BOARD INFORMATION BULLETIN 6 (1981)

"Section 7 Reviewed Three Decades Later," 49 ANTITRUST LAW JOURNAL 1469 (1981) (With H. Applebaum and J. Weston)

"Antitrust Microeconomics and Politics: Reflections on Some Recent Relationships," 68 CALIFORNIA LAW REVIEW 1 (1980) "Passing on the Monopoly Overcharge: A Response to Landes and Posner," 128 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1280 (1980) "Thirty Years of Merger Law Enforcement: Choosing Among Competing Styles of Analysis in the Development of Merger Policy," 49 ABA ANTITRUST LAW JOURNAL 1395 (1980) "Passing on the Monopoly Overcharge: A Comprehensive Policy Analysis," 128 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 268 (1979) (with R. Harris) "Recent Antitrust Developments: Defining the Scope of Exemptions, Expanding Coverage and Refining the Rule of Reason," 27 UCLA LAW REVIEW 256 (1979) (with J. Wiley) "Economics and More Humanistic Disciplines: What are the Sources of Wisdom for Antitrust?" 125 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1214 (1977)

Selected Achievements

Board Memberships: LACBA Antitrust Section (1992-2007); American Antitrust Institute (1999-2007); LSN Antitrust and Regulated industries Electronic Abstracts (1999) U.S. Speaker and Special Grant Recipient, United States Information Agency & Getulio Vargas Foundation, "The Evolution of U.S. Antitrust Laws Over the Last Twenty Years," (Brazil; October 1998) Consultant: Ministry of Justice, Federal Republic of Brazil (1998); United States Department of Justice, Antitrust Division (Microsoft Investigation; 1994-96 and 1978-80); United States Department of Energy, Bonneville Power Administration (1984-1991); California Attorney General's Office (1990); Trade Practices Commission (Australia; 1989); United States Department of Justice, Lands and Natural Resources Division (1985-86); Federal Trade Commission (1976-80) Invited Witness before the Senate Committee on the Judiciary, Antitrust Subcommittee; Hearings on the Telecommunication Competition and Deregulation Act of 1995 (ultimately enacted as the Telecommunications Act of 1996); the Department of Justice 1985 Vertical Restraint Guidelines; Department of Justice 1984 Merger Guidelines; the Confirmation of Judge Bork's nomination to the Supreme Court the Line of Business Restrictions in the AT&T Consent Decree Member, International Antitrust Code Working Group, Max Planck Institute (1992-93) Tribute, 79 CALIFORNIA LAW REVIEW 1221 (1991) Amicus Curiae Brief to the United States Supreme Court in Monsanto Company v. Spray-Rite Service Corporation (1983) Member, National Commission for the review of Antitrust Laws and Procedures, (1978-79; appointed by President Carter)