Institute for Consumer Antitrust Studies: Events and Programs
Throughout the year, the Institute hosts a number of symposia, lectures and brown bag discussions on selected topics related to antitrust. Individual members in the legal community are invited to speak, and other programs are presented for students and faculty in conjunction with the Chicago Bar Association, the Illinois Bar Association and the American Bar Association. Each April the Institute sponsors its annual Loyola Antitrust Colloquium.
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ABA Conference: A Comparative Analysis of Antitrust Law Regimes - Friday, September 11, 2009
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Loyola-Haifa Comparative Monopolization
Conference - May 24-26, 2009 -
Loyola Antitrust Colloquium - May 1, 2009
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Antitrust Marathon III - April 17, 2009
ABA Conference: A Comparative Analysis of Antitrust Law Regimes: Designing Better Institutions for Deciding Antitrust Issues
Friday, September 11, 2009
A Joint Program Co-Sponsored by the Institute for Consumer Antitrust Studies and
Loyola University Chicago School of Law.
The ABA Section of Antitrust Law, in conjunction with the Institute for Consumer Antitrust Studies at Loyola University Chicago School of Law, is assembling a first-rate group of leading scholars, current and former enforcement officials, and practitioners to examine the different institutional frameworks for implementing competition law and policy. The institutional frameworks applied by each jurisdiction may be of even greater significance than the substance of the rules they apply, but has received far less attention. The discussion to date of the institutions of antitrust and competition policy has been far less robust than the discussion of the liability rules and other topics in the competition law field.
This conference signals a renewed focus on institutional concerns and seeks to approach this critical issue from a comparative perspective, drawing on the wisdom of key enforcers, observers, and participants from the principal competition jurisdictions from around the world including the United States, the European Union, Canada, Japan, Australia, and others. Among other things, the conference will:
- Identify and offer a comparative analysis of the frameworks adopted in different jurisdictions for the investigation, review, and adjudication of antitrust issues
- Analyze the causes and consequences of these differences
- Consider how the different frameworks operate in theory and practice in reaching sound decisions in an fair and efficient manner
- Evaluate the need and nature for improvements including both incremental change and sweeping overhauls of the institutions and procedures now in place
The conference will begin with a keynote talk from FTC Commissioner William Kovacic, followed by a series of panels, tentatively scheduled as follows:
Panel 1: Analyzing Competition Regimes
The first panel will focus on the principal models for competition enforcement that have been adopted in various jurisdictions and will discuss the origins of the different approaches to decision-making. Questions to be addressed include: Who makes the ultimate decisions regarding liability and remedy: specialized decision-makers or courts of general jurisdiction? Who decides the facts: specialist courts, generalist courts, sectoral regulators, or competition enforcement agencies? How does the law on the books differ from the law in action in terms of competition law enforcement and institutional arrangements? Are the differences between the principal competition jurisdictions a function of deliberate policy decisions, cultural mores, historical events, or other factors? How do the different approaches reflect other concerns and values such as market integration, protection of domestic producers, empowerment of minority populations, protection of privacy, safety, and the environmental, and other concerns?
Panel 2: Analyzing Competition Law Outcomes
The second panel will focus on the outputs of the different frameworks and enforcement regimes under study. Among other things, the panel will consider whether the various decision-making processes are fair, transparent, predictable, and contribute to an appropriate range of rulings and remedies. Are the regimes appropriate models for other jurisdictions or are they unsuited for jurisdictions that have different substantive objectives? Are differing enforcement regimes necessary for merger and non-merger matters or private versus governmental enforcement?
Panel 3: Comparative Institutional Analysis and Competition Law
In the final panel the panelists will focus on the insights of comparative institutional analysis as applied to the enforcement of competition law. What combination of markets, politics, courts, and bureaucracies are appropriate for the principal competition jurisdictions around the world and what are the common ground, trends, and limitations to aligning those interests in the future?
Each of the panels will be focused on the papers presented by their authors. The other panel participants and conference speakers will offer comments and insights on those papers based on their experience in their own systems and interactions with other jurisdictions. The conference will be structured as a roundtable event with ample opportunity for participants to share ideas and perspectives.
The conference will begin at 9:30 a.m. on Friday, September 11, 2009 in the ceremonial courtroom on the 10th floor of the Loyola University Chicago Law Center which is located at 25 E. Pearson, Chicago, IL (corner of Wabash and Pearson). The papers from the conference will be published in a special symposium issue of the Loyola University Chicago Law Journal to be published in early 2010.
We look forward to welcoming you to Chicago, home of the ABA, the Institute for Consumer Antitrust Studies, and Loyola University Chicago School of Law, and engaging with you and your peers in a productive and enjoyable exploration of these challenging issues.
For more information and registration go to:
http://www.abanet.org/antitrust/symposium2009.html
The program is free to members of the Loyola University Chicago community.
Issues at the Forefront of Monopolization and
Abuse of Dominance
May 24-26, 2009
Event Schedule for Sunday, May 24, 2009
| 9:30 a.m. | Registration and Welcoming Reception |
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| 10:00 a.m. |
Opening Remarks Eli Salzberger, Dean, University of Haifa Faculty of Law Spencer Weber Waller, Loyola University of Chicago School of Law Michal S. Gal, University of Haifa Faculty of Law |
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Session 1: Theories of Harm Chair: Michal S. Gal, University of Haifa Faculty of Law | |
| 10:30 a.m. |
Dan Crane, Cardozo School of Law, "Monopoly Broth Makes for Bad Soup" Commentator: Adi Ayal, Bar Ilan University School of Law |
| 11:00 a.m. |
Josef Drexl, Max Planck Institute, "Real Knowledge is to Know the Extent of One's Ignorance: On the Consumer Harm Approach in IP-related Cases" Commentator: Fred Jenny, Cour de cassation |
| 11:30 a.m. |
Ioannis Lianos, University College London, "Classification of Abuses in Article 82 EC: A "Straight Story"?" Commentator: Ariel Ezrachi, Oxford University Faculty of Law |
| 12:30 p.m. | Lunch |
| 2:00 p.m. | Guided Tour of the Hecht Museum, University of Haifa |
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Session II: Exclusionary Practices I Chair: Avishalom Tor, University of Haifa Faculty of Law | |
| 3:30 p.m. |
Steve Salop, Georgetown Law Center, "Section 2 in a Time of Transition: Refusals to Deal and Price Squeezes" Commentator: Pamela Jones Harbour, Federal Trade Commission |
| 4:00 p.m. |
Spencer Weber Waller, Loyola University Chicago School of Law, "A Comparative Look at Essential Facilities and Refusals to Deal" Commentator: Josef Drexl, Max Planck Institute |
| 4:30 p.m. |
Philip Marsden, British Institute of International & Comparative Law, "Attraction vs. Suction: How Goes the Trans-Atlantic Divide on Fidelity Rebates?" Commentator: David Gilo, Tel Aviv University Facult of Law |
| 5:00 p.m. | Coffee Break |
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Session III: Exclusionary Practices II Chair: Spencer Weber Waller, Loyola University Chicago School of Law | |
| 5:30 p.m. |
Pamela Jones Harbour, Federal Trade Commission, "Section 2 in a Web 2.0 World: An Expanded Vision of Relevant Product Markets" Commentator: Spencer Weber Waller, Loyola University Chicago School of Law |
| 6:00 p.m. |
Adi Ayal, Bar Ilan University School of Law, "Voluntary Network Effects" Commentator: Jorge Padilla, LECG |
| 7:00 p.m. | Gala Dinner, University of Haifa |
Event Schedule - Monday, May 25, 2008
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Session IV: Exclusionary Practices III Chair: Michal S. Gal, University of Haifa Faculty of Law | |
| 9:30 a.m. |
Maurice Stucke, University of Tennessee College of Law, "How Do (or Should) Countries Treat a Dominant Firm's Deceptive Conduct?" Commentator: Steve Salop, Georgetown Law Center |
| 10:00 a.m. |
Avishalom Tor, University of Haifa Faculty of Law, "Anticompetitive Acquisitions of Market Power: Evaluating the US and EU Approaches" Commentator: Ioannis Lianos, University College London |
| 10:30 a.m. | Coffee Break |
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Session V: Exploitative Practices Chair: Avishalom Tor, University of Haifa Faculty of Law | |
| 11:00 a.m. |
Fred Jenny, Cour de cassation, "Exploitative Abuses of Dominance" Commentator: Bill Kovacic, Federal Trade Commission |
| 11:30 a.m. |
Ariel Ezrachi & David Gilo, Oxford University Faculty of Law & Tel Aviv University Faculty of Law, "Are Excessive Prices Really Self-Correcting?" Commentator: Dan Crane, Cardozo School of Law, Yeshiva University |
| 12:30 p.m. | Lunch |
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Session VI: Enforcement Challenges I Chair: Spencer Weber Waller, Loyola University Chicago School of Law | |
| 2:30 p.m. |
Michal S. Gal & Jorge Padilla, University of Haifa Faculty of Law & LECG, "The Follower Effect and Error Costs: Implications for Monopolization" Commentator: Maurice Stucke, University of Tennessee College of Law |
| 3:00 p.m. |
Ariel Ezrachi, Oxford University Faculty of Law, "The European Commission's Guidance on Article 82 EC - The uncertain future of the Effect-Based Approach" Commentator: David Gerber, Chicago-Kent School of Law |
| 3:30 p.m. | Coffee Break |
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Session VII: Enforcement Challenges II Chair: Michal S. Gal, University of Haifa Faculty of Law | |
| 4:15 p.m. |
Bill Kovacic, Federal Trade Commission, "Federal Trade Commission Administrative Adjudication and the Development of Standards for Dominant Firm Behavior" Commentator: Michal S. Gal, University of Haifa Faculty of Law |
| 4:45 p.m. |
David Gerber, Chicago-Kent School of Law, "Abuse of Sominance, Monopolization and the Institutional Imbeddedness of Economics" Commentator: Philip Marsden, British Institute of International & Comparative Law |
| 5:15 p.m. |
Closing Remarks Spencer Weber Waller, Loyola University Chicago School of Law Avishalom Tor, University of Haifa Faculty of Law |
| 7:00 p.m. | Conference Dinner, Haifa |
Event Schedule for Tuesday, May 26, 2008
Guided Tour
Loyola Antitrust Colloquium
The Institute sponsors an annual Colloquium for professors whose work reflects the same pro-consumer centrist view of antitrust shared by the Institute. Each spring leading antitrust law professors and scholars from related disciplines come to Loyola University Chicago School of Law to present and discuss new scholarly work in the field. Selected papers from the Colloquium are made available for publication through the Loyola University Law Journal, the Loyola Consumer Law Review, and are distributed as working papers of the Institute.
9th Annual Loyola Antitrust Colloquium - Friday, May 1, 2009
Loyola University Chicago
School of Law
25 East Pearson Street
Chicago IL. 60611
10th Floor Ceremonial Courtroom
Schedule of Events
| Friday, May 1, 2009 | |
| 8:45 a.m. |
Continental Breakfast and Registration Loyola University Chicago School of Law |
| 9:20 a.m. |
Welcome Professor Spencer Weber Waller |
| 9:30 a.m. |
Susan Beth Farmer Commentators: Danny Sokol Mike Jacobs |
| 10:45 a.m. | Coffee Break |
| 11:00 a.m. |
Mike Carrier Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality Commentators: William Conanor Meg Simpson |
| 12:30 p.m. | Lunch Kasbeer Hall 15th Floor 25 E. Pearson |
| 1:45 p.m. |
Chris Sagers Commentators: Andy Gavil Rudy Peritz |
| 3:00 p.m. | Ice Cream Sundae Break |
| 3:20 p.m. |
Josh Davis Judicial Resolution of Contested Facts in Antitrust Cases Commentators: Max Huffman Steve Shadowen |
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6:30 p.m. |
Colloquium Dinner Da Vinci |
Previous Antitrust Colloquium Programs
2001 Antitrust Colloquium
2002 Antitrust Colloquium
2003 Antitrust Colloquium
2004 Antitrust Colloquium
2005 Antitrust Colloquium
2006 Antitrust Colloquium
2007 Antitrust Colloquium
2008 Antitrust Colloquium
Antitrust Marathon III: Antitrust and the Rule of Law
Friday April 17, 2009
British Consulate
One Memorial Drive
Cambridge, MA
On Friday April 17th, the Institute for Consumer Antitrust Studies is co-sponsoring the third in its series of Antitrust Marathons with the Competition Law Forum (CLF) of the British Institute of International and Comparative Law. Antitrust Marathon III is a half day round table discussion focused on Antitrust and the Rule of Law from a comparative perspective. The discussion will be based on a series of short issue papers about different aspects of the rule of law in both American antitrust law and EU competition law. The issue papers and an edited transcript will appear in the Loyola Consumer Law Review. We thank the British Consulate for hosting the Antitrust Marathon and co-sponsoring the event and Leavit Reporting for their in-kind contribution of services.
In a spirit of Trans-Atlantic dialogue, the Antitrust Marathon series was conceived by Professor Spencer Weber Waller and Dr Philip Marsden as a method to explore pressing antitrust issues from a comparative perspective. The first two Antitrust Marathons convened in Chicago in October 2007 and in London in April 2008 and focused on Monopolization and Abuse of a Dominant Position from a Comparative Perspective. The issue papers and edited transcripts for Antitrust Marathons I and II are available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1087443 and http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1161065.
Antitrust Marathon III takes place the Friday before the Boston Marathon which a number of participants will run on Monday April 20, 2009. The participants for the roundtable discussion of Antitrust and the Rule of Law for Antitrust Marathon III include:
George Addy, Davies Ward Phillips & Vineberg, Toronto, Canada
Christian Ahlborn, Linklaters, London
Femi Alese, Senior Research Fellow, Institute for Consumer Antitrust Studies
Donald Baker, Baker & Miller, Washington, DC
Richard Brunell, American Antitrust Institute
Philip Budden, British Consul-General, Cambridge, MA
Terry Calvani, Freshfields
A. Neil Campbell, McMillan Binch, Toronto
Edward Cavanagh, St John's University School of Law, New York
Mark Clough, QC, Addleshaw Goddard, London
Tim Cowen, BT, London
Stacey Dogan, Northeastern University Law School
Josef Drexl, Max Planck Institute, Munich
Harry First, New York University School of Law
Hillary Greene, University of Connecticut Law School
Scott Hemphill, Columbia Law School
Keith Hylton, Boston University School of Law
Robert Langer, Wiggins & Dana, Hartford, CT
Marina Lao, Seton Hall University Law School, Newark, NJ
Philip Marsden, British Institute of International and Comparative Law
Melissa Maxman, Baker & Hostetler, Washington, DC
Becket McGrath, Berwin Leighton Paisner
Nigel Parr, Ashurst, London
Mark Patterson, Fordham University School of Law, New York
Alan Riley, City Law School, London
Elbert Robertson, Suffolk Law School
Daniel Savrin, Bingham McCutchen LLP, Boston, MA
Maurice Stucke, University of Tennessee School of Law
Spencer Weber Waller, Loyola University Chicago School of Law
Antitrust Marathon Agenda
| 9:00 A.M. | Registration and Continental Breakfast |
| 9:30 A.M. |
Welcome and Introduction Professor Waller and Dr. Marsden, Co-Chairs |
| 9:45 A.M. |
"Does the Rule of Reason Violate the Rule of Law?" Maurice Stucke, University of Tennessee School of Law |
| 10:45 A.M. | Coffee Break |
| 11:00 A.M. |
"Checks and Balances: European Competition Law and the Rule of Law" Philip Marsden, Competition Law Forum, BIICL |
| 12:15 P.M. | Lunch |
| 12:45 P.M. |
"EU Competition Law and the Rule of Law II: Justice Delayed is Justice Denied" Tim Cowen, BT |
| 1:45 P.M. |
"Does Antitrust Regulation Violate the Rule of Law?" Elbert Robertson, Suffolk Law School |
| 2:45 P.M. |
Concluding Remarks Dr. Marsden and Professor Waller |
Limited spots are available to participate in Antitrust Marathon III. For more information, please contact either Spencer Weber Waller, Professor and Director, Institute for Consumer Antitrust Studies, Loyola University Chicago School of Law at swalle1@luc.edu or Dr. Philip Marsden, Competition Law Forum, British Institute of International and Comparative Law at p.marsden@biicl.org.
For past programs, please click here.
