Stephen Calkins

Stephen Calkins

Professor of Law

Stephen Calkins

  • Biography

    Stephen Calkins returned to Wayne Law in fall semester 2015 after being on leave since 2011. During his leave, Calkins served as a member of The Competition Authority of Ireland and director of its Mergers Division and later as a member of the melded Competition and Consumer Protection Commission of Ireland.

    From 2008 to 2011, Calkins served as Wayne State University's associate vice president for academic personnel, while continuing to teach at Wayne Law on a limited basis.

    From 1995 to 1997, he served as general counsel of the Federal Trade Commission, a position to which he was nominated by FTC Chairman Robert Pitofsky. At Wayne Law, Calkins has taught courses and seminars that drew on this experience - Antitrust and Trade Regulation, Consumer Law, and a seminar - plus Torts. He has also taught at the universities of Michigan, Pennsylvania and Utrecht (The Netherlands) and served as Wayne Law's interim dean.

    Calkins is in demand as a speaker, annually delivering many presentations on competition and consumer law and policy to governmental, professional and academic audiences across the United States and overseas. Before joining The Competition Authority of Ireland, he consulted with federal, state and foreign governmental agencies. He has testified before Congress and federal and state agencies. He is a prolific author with articles in leading academic and specialty journals. His books include Antitrust Law: Policy and Practice (4th ed. 2008) (with C. Paul Rogers III, Mark R. Patterson and William R. Andersen), Antitrust Law and Economics in a Nutshell (5th ed. 2004) (with Ernest Gellhorn and William Kovacic) and, as a co-editor, ABA Antitrust Section, Consumer Protection Law Developments (2009).

    Calkins participates in a wide range of professional activities. He is a life member of the American Law Institute (serving on consultative group for projects on consumer contracts, corporate governance, data economy, and torts), a fellow of the European Law Institute, and a member of the advisory boards for the American Antitrust Institute and the Loyola Consumer Law Review. For the American Bar Association, he has served on the Councils of the Sections of Administrative Law and Regulatory Practice and the Section of Antitrust Law (two three-year terms). He is a former chair of the Association of American Law School's Antitrust and Economic Regulation Committee. He also served as an adjunct professor at University College Dublin (“UCD”) Sutherland School of Law; during his winter 2020 sabbatical UCD appointed Calkins a Sutherland Fellow.

    At Wayne State, Calkins served three terms on the Academic Senate's Policy Committee (its executive committee). He served as the Senate's parliamentarian from 2000 to 2007 and 2017-19. Previously, he served on various university committees, including the Review Advisory Panel for Economics and the University Promotion and Tenure Committee. At Wayne Law, he has served multiple terms on the promotion and tenure committee, budget committee, curriculum committee and faculty appointments committee. He was an elected member of the 2003-04 Strategic Plan Implementation Committee. Previously, he chaired the ad hoc committee on U.S. news and the task force on student recruitment.

    He holds a bachelor’s from Yale University and a law degree from Harvard University. He is the recipient of the American Antitrust Institute’s Alfred E. Kahn Award for Antitrust Achievement, the ABA Section of Antitrust Law Fiftieth Anniversary Publications Award, the Federal Trade Commission Award for Distinguished Service and the Donald H. Gordon Award for Excellence in Teaching.

    Calkins lives in Northville, Michigan, and with his eight siblings, he owns a summer place on Long Lake (near Traverse City, Michigan) that was established by his grandparents more than 80 years ago.

  • Degrees and Certifications

    J.D., Harvard Law School
    B.A., Yale University

  • Courses Taught

    Consumer Law
    Antitrust and Trade Regulation: Current Issues (Seminar)

  • Selected Publications

    Reflections on Matsushita and Equilibrating Tendencies: Lessons for Competition Authorities, 82 Antitrust L.J. 15 (2018)

    Can a Single FTC Commissioner Constitute a Quorum?, in LAW360 COMPETITION, CONSUMER PROTECTION, CYBERSECURITY, INTELLECTUAL PROPERTY, MERGERS AND ACQUISITIONS, AND TELECOMMUNICATIONS (Expert Analysis April 23, 2018) (with John Villafranco)

    Competition Law in the United States of America, Competition Law Today: Concepts, Issues, and the Law in Practice (Vinod Dhall, ed., 2d ed.) (Oxford University Press 2018)

    A Cautionary Word about Competition Law, in Tim Clakins' Defending Your Brand: How Smart Companies Use Defense Strategy to Deal with Competitive Attacks (Palgrave Macmillan 2012)

    Wrong Turns in Exclusive Dealing Law, in How the Chicago School Overshot the Mark 156-78 (Robert Pitofsky ed. 2008) (Oxford University Press)

    Vereinigte Staaten von Amerika (USA) (with William E. Kovacic & Derek Ludwin), in Internationales Kartell-Und FusionSkontrollverfahrensrecht 46 (Jrg Philipp Terhechte, ed.) (Verlag Ernst und Werner Gieseking 2008)

    Broadcast Music, Inc. v. Columbia Broadcasting System, Inc., in Antitrust Stories ch. 7 (Eleanor M. Fox & Daniel A. Crane eds. 2007)
    Coming to Praise Criminal Antitrust Enforcement, in European Competition Law Annual: 2006, at 343 (Claus-Dieter Ehlermann & Isabela Atanasiu eds., 2007)

    Competition Law in the United States of America, in Competition Law Today: Concepts, Issues, and the Law in Practice (Vinod Dhall, ed.) (Oxford University Press 2007)

    Civil Monetary Remedies Available to Federal Antitrust Enforcers, 40 U.S.F. L. Rev. 567 (2006) 

  • Social Science Research Network
  • Books

    Antitrust Law and Economics in a Nutshell (Thomson-West, 5th edition) August 2004 co-authored with Ernest Gellhorn and William E. Kovacic

    This 600-page book provides a thorough introduction to all of antitrust law and economics. It looks both backward to history and forward to future developments, reviewing all of the major cases and issues. It provides context, doctrine, and analysis. The authors include a former and the current General Counsel to the Federal Trade Commission.

    Derecho y Economia de la Competencia (Thomson-West, 5th edition) August 2004, translated into Spanish 2008 co-authored with Ernest Gellhorn and William E. Kovacic

    As a contribution to Mexican competition law, Professor Calkins's co-authored Antitrust Nutshell has been translated into Spanish by the Mexican Competition Commission, USAID, and the U.S. Embassy in Mexico.

    Antitrust Law: Policy and Practice, Fourth Edition (LexisNexis) 2008 co-authored with C. Paul Rogers III, Mark R. Patterson and William R. Andersen

    From "This book explores in detail those legal issues that arise in counseling, planning, and litigating under the antitrust laws. It is designed to integrate theory and policy issues with doctrine and practice so that students will emerge with a fundamental grasp of antitrust doctrine, at least an introduction to the vagaries of antitrust practice, and a sensitivity to policy issues undergirding the application and enforcement of the antitrust laws. The Fourth Edition of Antitrust Law: Policy and Practice provides close coverage of the application of antitrust doctrine to cutting-edge technologies, the Internet, and to rapidly shifting markets."

    Consumer Protection Law Developments (American Bar Association) 2009 co-editor

    The focus of this book is a complete and detailed perspective on consumer protection laws, with emphasis on developments regarding federal, state, and international law, as well as industry self-regulation. You'll find information on administrative litigation, consumer class actions, Lanham Act and Sherman Act litigation, and express, implied, and establishment claims; qualitative and quantitative consumer perception analysis; industry standard, modified industry standards, and nonstandard product testing; statistical analysis and more.

    In addition to advertising law, this book endeavors to identify all the applicable laws, touching on all of the relevant disciplines, including deception and unfairness, promotion and direct marketing, private remedies, privacy and data security, industry self-regulation, and international consumer protection.

  • Accomplishments
    • Stephen Calkins was appointed a member of the City of Northville Board of Zoning Appeals in Dec. 2019.
    • Stephen Calkins was presented with Chairman’s Awards at the Yale Alumni Association Assembly & Yale Alumni Fund Convocation on Nov. 22. The awards recognized volunteers who have demonstrated exceptional leadership, innovation, and dedication in their work on behalf of the fund.
    • Stephen Calkins was the 2019 recipient the prestigious Alfred E. Kahn Award for Antitrust Achievement from the American Antitrust Institute.
    • Stephen Calkins presented at the “Boot Camp” for state assistant attorneys general run by the Center for State Enforcement of Antitrust and Consumer Protection Laws and Loyola University of Chicago School of Law.
    • Stephen Calkins presented at Global Competition Review Live’s inaugural conference on Antitrust in the Digital Economy in Palo Alto. He discussed “Multisided Digital Platforms after American Express.” 
    • Stephen Calkins spoke at the annual Antitrust Spring Meeting in Washington, D.C on March 27. He discussed the fundamentals of Sherman Act Section 1.
    • Stephen Calkins spoke at Northwestern Kellogg School of Management’s conference on “Navigating the Uncertain Climate of Vertical Merger Enforcement” on Jan. 25.
    • Stephen Calkins wrote “Reflections on Matsushita and 'Equilibrating Tendencies': Lessons for Competition Authorities,” for the Antitrust Law Journal.
    • Stephen Calkins contributed a chapter to Vinod Dhall’s book “Competition Law Today” published by Oxford University Press. Calkins chapter is on “Competition Law in the United States.”
    • Stephen Calkins was a panelist at the 12th Annual Private Antitrust Enforcement Conference in Washington D.C. on Nov. 14. He discussed private antitrust enforcement and the new Supreme Court.
    • Stephen Calkins was a panelist at the Antitrust Judicial Law & Economics Institute for Judges at Berkeley Law on Oct. 24. He discussed legal and economic issues in recent cases on mergers, acquisitions and joint ventures; and cutting edge antitrust issues related to technology platforms, “big data” and multi-sided markets.
    • Stephen Calkins spoke at the National Association of Attorneys General Antitrust Litigation Training Seminar on October 18 in Denver. His discussion topic was “The Antitrust Year in Review.”
    • Stephen Calkins was appointed by the Northville City Council to serve as an alternate member of the Board of Zoning Appeals, to fill a vacancy, with a term that expires July 1, 2021. He previously served on the Board of Zoning Appeals as an alternate member from 1987 to 1995.
    • Stephen Calkinspublished “Reflections on Matsushita and ‘Equilibrating Tendencies’: Lessons for Competition Authorities” for the Antitrust Law Journal. Read the full article
    • Stephen Calkins spoke at the American Antitrust Institute 19th Annual Conference on July 21 in Washington D.C. He discussed antitrust and the Supreme Court.
    • Stephen Calkinsspoke at the American Antitrust Institute’s 19th Annual Conference “Antitrust at a Crossroads: Plotting the Policy Course for the Next Decade.” Calkins discussed antitrust and the Supreme Court.
    • Stephen Calkins was featured in a Wayne State University story, “Annual Baroudeur, training rides bring together Warrior community.” Read the story.
    • Stephen Calkins spoke at the University of Houston Law Center’s conference, Teaching Consumer Law: Where Have We Been—Where Are We Going? The conference was on May 18 in Santa Fe. He discussed “Teaching Consumer Law in a New Environment.”
    • Stephen Calkins was a moderator at the ABA Antitrust Section Annual Spring Meeting in Washington D.C. on April 11.
    • Stephen Calkins was a moderator for the 66th Annual American Bar Association Section of Antitrust Law Spring Meeting in Washington, D.C. This conference is the largest of its kind in the world.
    • Stephen Calkins has been named a member of Law360’s 2018 Competition Editorial Advisory Board. “The purpose of the editorial advisory board is to get feedback on Law360’s coverage and to gain insight from experts in the field on how best to shape future coverage.”
    • Stephen Calkins gave a guest lecture at UCD Sutherland School of Law in Dublin on “Introduction to EU Competition Law.” The primary focus of the “Economic Law of the EU” course is to explore key European Union economic/legal policies intended to secure the creation of the internal market.