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MAURICE E. STUCKE

Maurice Stucke is the Douglas A. Blaze Distinguished Professor of Law at the University of Tennessee.

With twenty-five years experience handling a range of competition policy issues in both private practice and as a prosecutor at the U.S. Department of Justice, he advises governments, law firms, consumer groups, and multi-national firms on competition and privacy issues. He has testified before, and provided expert reports for, multiple governments and inter-governmental agencies, including US Congress, European Commission, OECD, United Nations, and World Bank.

At the 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. 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.

He publishes and speaks regularly on privacy, competition policy, and compliance in the United States, Europe, Australia, and Asia. He co-authored three books, Competition Overdose: How Free Market Mythology Transformed Us from Citizen Kings to Market Servants (HarperCollins 2020); Virtual Competition: The Promise and Perils of the Algorithm-Driven Economy (Harvard University Press 2016) and Big Data and Competition Policy (Oxford University Press 2016). Professor Stucke’s scholarship, which has been cited by the U.S. federal courts, Congress, competition agencies, and policymakers, is already impacting competition policy. He was invited by the World Bank, United Nations, OECD, and competition authorities from Canada, the European Commission, Germany, Ireland, Italy, Japan, the Netherlands, Norway, Sweden, South Korea, United Kingdom, and United States to discuss his research.

In 2009, Professor Stucke 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 serves on the boards of the Open Markets Institute, the Academic Society for Competition Law, the Institute for Consumer Antitrust Studies, and the American Antitrust Institute, where he chaired a committee on the media industry that drafted a transition report for the incoming Obama administration.

Professor Stucke received a number of awards, including a Fulbright Scholar grant to teach at the China University of Political Science and Law in Beijing. In 2012, he was a Senior Fellow at the University of Melbourne.  In 2015 and 2017, he visited University of Oxford, where he was an Academic Visitor at its Institute of European and Comparative Law, a Fellow at its Centre for Competition Law and Policy, and a Senior Associateship at Pembroke College. In 2017, he was nominated as a Fellow of the American Bar Foundation.

 

REPRESENTATIVE MATTERS

  • Filed comments concerning the Verizon/TracFone merger before the Federal Communications Commission (2020).
  • Requested by the U.S. House Judiciary Subcommittee on Antitrust, Commercial, and Administrative Law to submit a report on potential areas of antitrust reform (2020).
  • Commissioned by the World Bank to draft with Ariel Ezrachi independent expert report, Competition Policy in the Digital Platform Economy (2019).
  • Filed comments and white paper opposing the Sprint/T-Mobile merger before the Department of Justice and Federal Communications Commission (2019).
  • Commissioned by the European Commission to draft with Ariel Ezrachi independent expert report, Digitalisation and Its Impact on Innovation (2018).
  • Consultation with the United Nations on the antitrust and privacy implications of the digital platform economy (2018).  
  • Filed an amicus brief on behalf of the Bar Association of the District of Columbia in support of the appellant NCAA in NCAA v. O’Bannon, No. 15-1388 (S.Ct. filed June 14, 2016).
  • Drafted reports on the antitrust implications of the Bayer-Monsanto merger.
  • Filed an amicus brief on behalf of law and economics and antitrust scholars in support of the appellant NCAA in O’Bannon v. NCAA, Nos. 14-16601, 14-17068 (9th Cir. filed November 21, 2014).
  • Filed comments and white paper opposing Comcast's proposed acquisition of Time Warner Cable before the Department of Justice and Federal Communications Commission.
  • Brentwood Academy v. Tennessee Secondary School Athletic Association, Civ. Action No. 3-97-1249, 2008-2 Trade Cases & 76,317, 2008 WL 2811307 (M.D. Tenn. July 18, 2008) (drafted antitrust issues for successful summary judgment motion).
  • In re VisaCheck/MasterMoney Antitrust Litig., Master File No. CV-96-5238 (E.D.N.Y. 2006) (recovery by the United States, as a matter of equity--and the first time in the Antitrust Division's history--for its share of damages in a private class action settlement).
  • United States v. Kentucky Real Estate Commission, Civil Action No. 3:05CV188-H (W.D. Ky. 2005) (challenging statewide ban on real estate brokers' offering rebates or inducements).
  • United States v. Village Voice Media LLC & NT Media LLC, Civil Action No. 1:03CV0164, 2003 WL 22019516 (N.D. Oh. 2003) (led a joint task force with the Offices of the Attorney General for California and Ohio, and the Los Angeles County District Attorney's Office that successfully prosecuted a market allocation agreement between the nation's leading publishers of alternative newsweeklies and led to the publication of the newsweeklies under new owners).
  • United States v. Jerome, 38 F. App'x 887 (4th Cir. 2002) (co-lead on trial and appeal that affirmed conviction).
  • United States v. Redman, 18 F. App'x 168 (4th Cir. 2001) (handled appeal that affirmed conviction).
  • United States v. Smith, 22 F. App'x 162 (4th Cir. 2001) (opposed defendant's motion to suppress, prosecuted the case, and handled the appeal that affirmed conviction).
  • United States v. L'Oreal USA, Inc., L'Oreal S.A. & Carson, Inc., 142 F. Supp. 2d 17 (D.D.C. 2000) (merger in hair care industry).
  • People v. Graham, 251 A.D.2d 426, 674 N.Y.S.2d 120 (N.Y. App. Div. 2 Dept. 1998) (obtained reversal of criminal conviction; first time the New York State Appellate Division, Second Department reversed in the interest of justice on improper rape trauma syndrome expert testimony).
  • United States v. Georgia-Pacific Corp., Civil Action No. 96-164 (D. Del. 1996) (merger in gypsum industry).
  • United States v. Kimberly-Clark Corp. & Scott Paper Co., Civil Action No. 3:95 CV 3055-P (N.D. Tx. 1995) (merger in tissue and baby wipes industry).
  • United States v. Interstate Bakeries Corp. & Continental Baking Co., Civil Action No. 95C 4194 (N.D. Ill. 1995) (merger in the white pan bread industry). 

Education

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

Bar Admissions

  • Tennessee
  • District of Columbia
  • New York