Maurice E. Stucke

Maurice E. Stucke
  • Associate Professor of Law

  • A.B., 1987, and J.D., magna cum laude, 1994, Georgetown University

  • Location: Room 378
  • Phone Number: 865-974-9816
  • Email: mstucke@utk.edu
  • Courses Taught: Evidence, Consumer Protection Law, Business (Economic) Torts, Antitrust, Behavioral Law & Economics Seminar, Privacy Law
  • Additional Information: Curriculum Vitae (pdf), SSRN

Biography

Publications of Maurice E. Stucke

Professor Stucke brought 13 years of litigation experience when he joined the UT College of Law faculty in 2007. As a trial attorney at the U.S. Department of Justice, Antitrust Division, he successfully challenged anticompetitive mergers and restraints in numerous industries, and focused on policy issues involving antitrust and the media. As a Special Assistant U.S. Attorney, he prosecuted a variety of felony and misdemeanor offenses, including running a weekly docket before the Honorable Thomas Rawles Jones, Jr. As an associate at Sullivan & Cromwell, Professor Stucke assisted in defending Goldman Sachs, CS First Boston, and Microsoft in civil antitrust litigation. The Legal Aid Society presented him two awards for his criminal appellate and defense work.

Since coming to UT, Professor Stucke has been a prolific legal scholar. His scholarship re-examines much of the conventional wisdom in competition policy in light of the empirical findings from behavioral economics and psychology. In re-evaluating the goals and assumptions of competition law, he seeks to provide policymakers with a more empirical approach to competition policy. Professor Stucke’s scholarship, which has been cited by the U.S. federal courts, the OECD, the United Nations, competition agencies and policymakers, is already impacting competition policy. He was invited by the OECD and competition authorities from the European Union, Ireland, Italy, the Netherlands, Norway, South Korea, and United States to discuss his research, and has been invited to present his research at over 60 conferences in Australia, Belgium, China, England, France, Germany, Greece, Ireland, Israel, Italy, Netherlands, Norway, Sweden, Turkey, United Kingdom, and United States.

Professor Stucke serves as a Senior Fellow at the American Antitrust Institute, an independent Washington, D.C.-based non-profit education, research, and advocacy organization devoted to competition policy.  Professor Stucke chaired a committee on the media industry that drafted a transition report for the incoming Obama administration.  In 2009, Professor Stucke was elected as a member to the Academic Society for Competition Law, appointed to the advisory board of the Institute for Consumer Antitrust Studies, and was asked to serve as one of the United States' non-governmental advisors to the International Competition Network, the only international body devoted exclusively to competition law enforcement and whose members represent national and multinational governmental competition authorities in over 100 jurisdictions.

Professor Stucke received a Fulbright Scholar grant to lecture in 2010-2011 in the People's Republic of China.  He received the Jerry S. Cohen Memorial Award, presented annually for the best antitrust scholarship, for his first article exploring the implications of behavioral economics on antitrust policy, Behavioral Economists at the Gate: Antitrust in the Twenty-First Century. In 2009, he received the College’s W. Allen Separk Faculty Scholarship Award for his article, Does the Rule of Reason Violate the Rule of Law?, which analyzes the various deficiencies present in the Supreme Court’s development of rule-of-reason standards and how those deficiencies adversely affect antitrust enforcement and competition policy. In 2014, he received the College’s other award for faculty scholarship, the Marilyn V. Yarbrough Award for Writing Excellence, for his article, Should Competition Policy Promote Happiness?, which examines the implications of the behavioral economics literature on well-being on competition policy. Also in 2014, he received, the Chancellor’s Honors Award for Research and Creative Achievement—Professional Promise, which recognizes University of Tennessee faculty members for their excellence in research, scholarship, and creative achievement early in their careers.

Publications

Biography of Maurice E. Stucke

Articles

"In Search of Effective Ethics & Compliance Programs," 39 Journal of Corporation Law (forthcoming 2014).

"How Can Competition Agencies Use Behavioral Economics?," Antitrust Bulletin (forthcoming Winter 2014) (invited contribution to symposium).

"Looking at the Monopsony in the Mirror," 62 Emory Law Journal 1509 (2013).

"Discovery under 28 United States Code Section 1782," Concurrences 2-2013 (2013) (invited contribution to symposium). 

"Should Competition Policy Promote Happiness?," 81 Fordham Law Review 2575 (2013) (invited contribution to symposium).

Is Competition Always Good?, 1 Journal of Antitrust Enforcement 162 (2013) (invited contribution to symposium).

  • Solicited article for the inaugural edition of a peer-reviewed, bi-annual competition law journal, which Oxford University Press in collaboration with the Oxford University Centre for Competition Law and Policy and the George Washington University Competition Law Center will publish.
  • Drafted short piece for Oxford University Press’s OUPblog (March 25, 2013).

"Use of Dominance, Unlawful Conduct, and Causation under Section 36 of New Zealand’s Commerce Act 1986: A United States Perspective," 18 New Zealand Business Law Quarterly 333 (2012) (with Jeffery M. Cross, J. Douglas Richards, and Spencer Weber Waller).

"Implications of Behavioral Antitrust," DAF/COMP/WD(2012)12, prepared for the Organisation for Economic Co-operation and Development’s Hearing on Competition and Behavioural Economics (2012).

"Occupy Wall Street and Antitrust," Southern California Law Review Postscript (forthcoming 2012) (invited contribution to symposium) http://ssrn.com/abstract=2002234.

"Is Intent Relevant?," Journal of Law, Economics & Policy (forthcoming 2012) (invited contribution to symposium) http://ssrn.com/abstract=1992761.

"Behavioral Antitrust and Monopolization," 8 Journal of Competition Law and Economics 545 (2012) http://ssrn.com/abstract=1961327.

"The AT&T/T-Mobile Merger: What Might Have Been?," 3 Journal of European Competition Law & Practice  196 (2012) (co-authored with Allen P. Grunes) http://jeclap.oxfordjournals.org/cgi/reprint/lps019?ijkey=xQTu254rjEa8vMX&keytype=ref.

"Crony Capitalism and Antitrust," CPI Antitrust Chronicle, October 2011(2http://ssrn.com/abstract=1942045.

"Reconsidering Antitrust’s Goals," 53 Boston College Law Review 551 (2012) http://ssrn.com/abstract=1904686.

"Antitrust Review of the AT&T/T-Mobile Transaction," 64 Federal Communications Law Journal 47 (2011) (co-authored with Allen P. Grunes) http://ssrn.com/abstract=1850103.

"Reconsidering Competition," 81 Mississippi Law Journal 107 (2011) http://ssrn.com/abstract=1646151.

"Behavioral Antitrust," 86 Indiana Law Journal 1527 (2011) (co-authored with Amanda P. Reeves) http://ssrn.com/abstract=1582720.

"Antitrust 2025," CPI Antitrust Journal , December 2010 (2) (invited contribution to symposium) http://ssrn.com/abstract=1727251.

"Why More Antitrust Immunity for the Media is a Bad Idea," 105 Northwestern University Law Review 1399 (2011) (co-authored with Allen P. Grunes) http://ssrn.com/abstract=1710466.

"How Do (and Should) Competition Authorities Treat a Dominant Firm’s Deception?," 63 SMU Law Review 1069 (2010) http://ssrn.com/abstract=1395076.

"Lessons from the Financial Crisis," 77 Antitrust Law Journal 313 (2010) (invited contribution to symposium) http://ssrn.com/abstract=1744869.

"Money: Is That What I Want? Competition Policy & the Role of Behavorial Economics," 50 Santa Clara Law Review 893 (2010) http://ssrn.com/abstract=1419751.

"When a Monopolist Deceives," 76 Antitrust Law Journal 823 (2010) (invited essay to symposium) http://ssrn.com/abstract=1644734.

"Toward A Better Competition Policy For The Media: The Challenge of Developing Antitrust Policies That Support The Media Sector's Unique Role In Our Democracy," 42 Connecticut Law Review 101 (2009) (co-authored with Allen P. Grunes) http://ssrn.com/abstract=1330681.

"Issue Paper: Does The Rule Of Reason Violate The Rule Of Law? Antitrust Marathon: Antitrust and the Rule of Law," 22 Loyola Consumer Law Review 15 (2009) (invited contribution to symposium).

"New Antitrust Realism," Global Competition Policy Magazine, Jan. 2009 (invited contribution to symposium on antitrust in the Obama administration) http://ssrn.com/abstract=1323815.

"Does the Rule of Reason Violate the Rule of Law?," 42 U.C. Davis Law Review 1375 (2009) http://ssrn.com/abstract=1395076.

"Should the Government Prosecute Monopolies?," 2009 University of Illinois Law Review 497 (2009) http://ssrn.com/abstract=1116463.

"Better Competition Advocacy," 82 St. John’s Law Review 951 (2008) http://ssrn.com/abstract=1175963.

"Behavioral Economists at the Gate: Antitrust in the Twenty-First Century," 38 Loy. U. Chi. L.J. 513 (2007) http://ssrn.com/abstract=981530.

"Morality and Antitrust," 2006 Colum. Bus. L. Rev. 443 (2006) http://ssrn.com/abstract=949199.

"Evaluating the Risks of Increased Price Transparency," 19  Spg Antitrust 81 (2005) http://ssrn.com/abstract=927417.

"Evaluating the Risks of Market Swaps," 18  Fall Antitrust 67 (2003) http://ssrn.com/abstract=927412.

"Antitrust and the Marketplace of Ideas," 69  Antitrust L.J. 249 (2001) (co-authored articlehttp://ssrn.com/abstract=927409.

 

Chapters

"Leniency, Whistleblowing and the Individual: Should We Create Another Race to the Competition Agency?," in Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion (Caron Beaton-Wells ed., Hart Publishing forthcoming 2015).

"When More Is Better and When Less Is More:  Behavioral Antitrust and Choice," in Consumer Choice in Competition Law (Paul Nihoul ed. forthcoming 2014).

"Greater International Convergence and the Behavioural Antitrust Gambit," in Research Handbook on International Competition Law (Ariel Ezrachi ed., Edward Elgar Publishing 2012).

"The Behavioral Antitrust Gambit," in International Research Handbook on Competition Law (Ariel Ezrachi ed., Edward Elgar Publishing forthcoming 2012).

"What is Competition?," in Goals of Competition Law (Daniel Zimmer ed., Edward Elgar Publishing 2012).

"Plurality of Public Opinions and the Concentration of Media," in General Reports of the XVIIIth Congress of the International Academy of Comparative Law (Karen B. Brown & David V. Snyder eds. Springer 2012) (co-authored with Allen P. Grunes).

"Are People Self-Interested? The Implications of Behavioral Economics on Competition Policy," in  More Common Ground For International Competition Law? (Academic Society for Competition Law ed., Edward Elgar Publishing 2011).

"Discovery in a Global Economy," in International Antitrust Litigation: Conflict of Laws and Coordination  (Jürgen Basedow, Stéphanie Francq and Laurence Idot eds. Hart Publishing Oxford 2012).

"Am I a Price-Fixer? A Behavioral Economics Analysis of Cartels," in  Criminalising Cartels: A Critical Interdisciplinary Study of an International Regulatory Movement (Caron Beaton-Wells & Ariel Ezrachi eds. Hart Publishing Oxford 2011) http://ssrn.com/abstract=1535720.

"Diversity in the Media Sector," in American Antitrust Institute, The Next Antitrust Agenda: The American Antitrust Institute’s Transition Report on Competition Policy to the 44th President of the United States (2008) (chair of the AAI’s media committee) http://www.antitrustinstitute.org/Archives/transitionreport.ashx

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