Institute for Consumer Antitrust Studies: News and Views

Because the antitrust world is so fast paced, the Institute wanted to create a vehicle to comment on current events while they were still fresh. This section of the Institute web site will feature regular news summaries and commentaries from the Institute Director, student fellows, members of the United States and International advisory boards, and friends of the Institute which are shorter and more journalistic than the scholarly works in the working paper section. If you have an item that you would like to submit for consideration please email it to antitrust@luc.edu or swalle1@luc.edu.

Most of the documents below require Adobe Acrobat Reader to view. Please click here to download a free copy of Adobe Acrobat Reader.

November 2008

European Commission Publishes Guidance on Abuse of a Dominant Position (PDF)

New Book on Competition Policy and Merger Analysis in Deregulated and Newly Competitive Industries (PDF)

Discounting, Bicycles, and the Supreme Court (PDF)

Spencer Weber Waller
Professor and Director
Institute for Consumer Antitrust Studies
Loyola University Chicago
School of Law

New York Times Editorial on DOJ Monopoly Report

October 2008

Detroit's Big Three: Purge the Urge to Merge

James Brock
Professor of Economics
Miami University - Ohio

Hearing But Not Listening: Comparative Competition Law and the DOJ Monopoly Report (PDF)
Forthcoming in Global Competition Policy (2008), www.globalcompetitionpolicy.org

Spencer Weber Waller
Professor and Director
Institute for Consumer Antitrust Studies
Loyola University Chicago
School of Law

American Antitrust Institutes Publishes Report Outlining Policy Recommendations to Next Administration

September 2008

FTC Commissioners React to Department of Justice Report, "Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act"

Proposed Amendment to Illinois Antitrust Act Confirms Attorney General Parens Patriae Standing (PDF)

Peter Bergan
Student Fellow, Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

Department of Justice Releases Report on Monopoly

August 2008

Reviews of Recent Antitrust Books (2006-2008)

July 2008

Call for Papers for the 2009 Symposium

June 2008

REVIEW: Handbook of Antitrust Economics

Spencer Weber Waller
Professor and Director
Institute for Consumer Antitrust Studies
Loyola University Chicago
School of Law

REVIEW: New Antitrust Casebooks

Spencer Weber Waller
Professor and Director
Institute for Consumer Antitrust Studies
Loyola University Chicago
School of Law

New Leniency Policy for South Africa

MAY 2008

Law Professor Letter Regarding Connecticut Legal Finance Legislation (PDF)

A New Antitrust Law for Hong Kong (PDF)

The European Union's New Antitrust Law Reforms

APRIL 2008

Recent Competition Issues at the Chicago Mercantile Exchange (PDF)
Matt Showel
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

European Commission Issues White Paper on Private Rights of Action

CADE Practical Guide: The Defense of Competition in Brazil (PDF)

MARCH 2008

New Research Fellowship (PDF)

6th Annual Symposium on Recent Developments in Competition Law
Erciyes University Faculty of Law & Turkish Competition Authority
April 4-5, 2008
Erciyes University IIBF Conference Hall
Kayseri, Turkey

FEBRUARY 2008

INCSOC BRIEFING: Consumers Demand Action Against Abusive Monopolies (PDF)

Institute for Consumer Antitrust Studies at Loyola University Chicago Receives $1.5 Million Cy Pres Award (PDF)

JANUARY 2008

Georgetown Law Podcast on the Effects of Conservative Economic Analysis on US Antitrust

Robert Pitofsky hosted a conference last year on Conservative Economic Influence on US Antitrust Policy. The papers are terrific and will be published in a book by Oxford University Press. For those who can't wait, the podcast of the conference is available at http://www.law.georgetown.edu/webcast/eventDetail.cfm?eventID=342

DECEMBER 2007

Reinventing Consumer Protection

David Adam Friedman of the Willamette University law faculty has just published Reinventing Consumer Protection, 47 DePaul L. Rev. 45 (2007). It is both interesting and innovative and I highly recommend it.

Audio of American Antitrust Institute Conference on Private Antitrust Litigation available here.

NOVEMBER 2007

South Africa imposes largest fine to date in bread cartel case (Word Document)

Indian Parliament Passes Competition Bill (PDF)
Janna Grandone
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

OCTOBER 2007

See Professor Waller's interview on First Business on recent merger law developments.

AUGUST 2007

Two New Upcoming Antitrust Conferences:
Latin American Competition Policy Conference, details at http://law.missouri.edu/latin-am-antitrust.

9th Annual Sedona Conference on Antitrust Law and Litigation, details at http://www.thesedonaconference.org/conferences/20071025.

JULY 2007

Why don't more elite law schools teach consumer protection?

The following entry from Public Citizen's Consumer Law & Policy Blog discusses this important and intriguing topic.

http://pubcit.typepad.com/clpblog/2007/06/why-dont-more-e.html.

MAY 2007

Click here to view Professor Waller's Interview about the Whole Foods-Wild Oats Merger

Listen to Professor Waller interview on WTMX, "The Vantage Point," on 5/20/07 discussing international trade and antitrust law

Monograph: Federal Statutory Exemptions from Antitrust Law (PDF)

The 2007 Report and Recommendations of the Antitrust Modernization Commission (PDF)
Mark L. Evans
Student Fellow
Institute for Consumer Antitrust Studies

APRIL 2007

The Antitrust Modernization Commission has issued its final report which is available here (PDF).

MARCH 2007

Transcript of Supreme Court Oral Argument in Leegin Litigation on Resale Price Maintenance (PDF)

Amicus brief of Consumer Federation of America in Leegin litigation (PDF)

An Open Letter to the Supreme Court of the United States from Commissioner Pamela Jones Harbour, Subject: The Illegality of Vertical Minimum Price Fixing, February 26, 2007 (PDF)

FEBRUARY 2007

Supreme Court's Antitrust Review Expands (PDF)
Tim Cox
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

JANUARY 2007

Executive Summary (PDF)

Tentative Recommendations (PDF)

Congressional Letter on Resale Price Maintenance (PDF)

REVIEW: Michael D. Whinston, Lectures on Antitrust Economics (PDF)
James Langenfeld, PhD
LECG and
Loyola University Chicago School of Law

NOVEMBER 2006

REVIEW: Antitrust Policy and Vertical Restraints (PDF)

Spencer Weber Waller
Professor and Director
Institute for Consumer Antitrust Studies

SEPTEMBER 2006

REVIEW: New Books on Mergers and Joint Ventures (PDF)

Spencer Weber Waller
Professor and Director
Institute for Consumer Antitrust Studies

Call for Papers for Turkish Competition Law Conference (PDF)

AUGUST 2006

Law Professor Letter to the Senate Judiciary Committee Regarding Air Travel Competition Issues (PDF)

JULY 2006

Supreme Court Clarifies that a Patent does not Automatically Confer an Antitrust Monopoly * (PDF)

James Morsch, Partner
Butler Rubin Saltarelli & Boyd LLP
Chicago, Illinois
and
Mindy A. Finnigan, Associate
Butler Rubin Saltarelli & Boyd LLP
Chicago, Illinois
* Reproduced with the permission of Corporate Counsel Magazine

Real Competition? Proposed Deregulation of Local Telephone Service in Illinois (PDF)

Shirley T. Chiu
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

JUNE 2006

JUSTICE DEPARTMENT ASKS COURT TO HOLD AMERICAN BAR ASSOCIATION IN CIVIL CONTEMPT (PDF)

ABA Acknowledges Consent Decree Violations and Agrees to Pay $185,000

MAY 2006

REVIEW: The Antitrust Enterprise of Herbert Hovenkamp (PDF)

Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

APRIL 2006

Institute Comments on EU Green Paper on Private Rights of Action (PDF)

Spencer Weber Waller
Professor and Director
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

MARCH 2006

How $10 Billion Disappeared: Price v. Philip Morris and How the FTC Specifically Authorizes Cigarette Companies to Advertise in Illinois (PDF)

Tim Cox
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

FEBRUARY 2006

Law Professor Letter in Price v. Philip Morris (PDF)

JANUARY 2006

EC Issues Green Paper Re: Damage Actions for Breach of EC Antitrust Rule (PDF)

DECEMBER 2005
Illinois Supreme Court Blocks Road to Consumer Fraud Victims: A Look at Avery v. State Farm (PDF)
Mark L. Evans
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

Korean Fair Trade Commission Takes Action Against Microsoft (PDF)

NOVEMBER 2005

FTC and DOJ to Host Joint Public Hearings On Single-firm Conduct as Related to Competition

Written Responses of Thomas Barnett to Questions from Members of U.S. Senate Judiciary Committee in Connection with his Nomination as Assistant Attorney General - Antitrust (PDF)

OCTOBER 2005

REVIEW: A Helpful New Consumer Protection Handbook:Consumer Protection Handbook Section of Antitrust Law, American Bar Association (PDF)
Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

REVIEW: When Antitrust Decided Presidential Elections:1912: Wilson, Roosevelt, Taft and Debs - The Election That Changed the Country by James Chace (PDF)
Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

SEPTEMBER 2005

1st Biography of Thurman Arnold to be published by NYU Press (PDF)

Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

The Supreme Court's Upcoming Antitrust Cases (PDF)

Robyn Axberg
Associate, Holland & Knight LLP
Former Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

AUGUST 2005

New Zealand Antitrust: A Snapshot in 2005 (PDF)

Mark Berry, Barrister
Wellington, New Zealand
International Advisory Board
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

JULY 2005

REVIEW: Antitrust Anthologies:Antitrust and Competition Policy by Andrew Kleit andAn Antitrust Anthology by Andrew I. Gavil (PDF)

Reviewed by Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

State Action Doctrine Protects Wisconsin Tavern Owner's Agreement to Cut Back on Drink Specials * (PDF)

James A. Morsch
Jason S. Dubner
Butler Rubin Saltarelli & Boyd LLP
* As originally seen in Corporate Counsel, a publication of American Lawyer Media

Changes Under Study to Amend the Brazilian Legal Framework (PDF

Jayme Vita Roso
Member of the Brazilian Bar
International Advisory Board
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

JUNE 2005

The States Don't get a Taste: Out-of-State Wineries Can Ship Direct (PDF)

Antonio J. Fricano
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

APRIL 2005

Antitrust at the Beach: Mass Market Books about Competition Law (PDF)

Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

Third Circuit Finds Prohibited Exclusive Dealing in United States v. Dentsply International, Inc. (PDF)

James W. Kim, MPH
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

MARCH 2005

Insurance Brokage Giant Exposed by Consumer Fraud Charges * (PDF

Douglas C. Nelson
J.D. Candidate, May 2005
Loyola University Chicago School of Law
* Courtesy of Volume 17, No. 2 of the Loyola Consumer Law Review

FEBRUARY 2005

Competition Policy in Uruguay (PDF)

Robyn Axberg
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

JANUARY 2005

Consumer News: Antitrust Modernization Commission Goes to Work * (PDF)

Douglas C. Nelson
JD Candidate
Loyola University Chicago School of Law
* Reprinted with permission of the Loyola Consumer Law Review,
Vol. 17, No. 1.

EU Competition Policy and the Consumer (PDF)

REVIEW: The Bigness Complex: Industry, Labor, and Government in the American Economy (Second Edition) (PDF)

by Walter Adams and James W. Brock
Reviewed by Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

DECEMBER 2004
Agreement with Coca-Cola Ends the European Union'sFive Year Inquiry Into a Potential Abuse of a Dominant Position (PDF)

Heba M. Hamouda
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

NOVEMBER 2004
Sloppy Statue Spawns a Split: Justices Review Elimination of Cap on Lender Liability under TILA (PDF)

Jennifer L. Boughanem
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

SEPTEMBER 2004
Implied Immunity: Stock Exchanges Options Survives Trinko (PDF)

Robert E. Draba
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

New European Union Study on Private Enforcement of Competition Law (PDF)

REVIEW: Reinventing the Bazaar: A Natural History of Markets (PDF)

by John McMillan
Reviewed by Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

2004 Antitrust Legislative Developments (PDF)

Renee Zipprich
Loyola J.D. 2003

AUGUST 2004
REVIEW: Antitrust and the Formation of the Postwar World (PDF)

by Wyatt Wells
Reviewed by Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

Consumer Link: A Monthly Bulletin of Consumer Affairs Movement of Nigeria (CAMON) (PDF)

Center for Consumer Protection, Competition, Trade,
Environment and Sustainable Development

JULY 2004
Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP and the Scope of Antitrust Protection for Telecommunications (PDF)

Todd Lindquist
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

MARCH 2004
The Antitrust Criminal Penalty Enhancement and Reform Act of 2003 (PDF)

Bridget C. Kevin
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

JANUARY 2004
Down One and Three to Go: Supreme Court to Decide Four Antitrust Cases in 2003-04 Term (PDF)

Robert E. Draba
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

DECEMBER 2003
Commission Appoints Consumer Liaison Officer (PDF)

Unsportsmanlike Conduct Committed by the BCS (PDF)

Nicole Hanna
Second Year Student and Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

NOVEMBER 2003
First Data and Concord Merger Primer (PDF)

Winnie Wong
Loyola University Chicago
School of Law

OCTOBER 2003

To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy Executive Summary by the FTC (PDF)

REVIEW: May the Best Team Win: Baseball Economics and Public Policy (PDF)

by Andrew Zimbalist
Reviewed by Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

SEPTEMBER 2003
REVIEW: What If Richard Posner was Australian? (PDF)

by Michal S. Gal
Reviewed by Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

JULY 2003
The Spirit of the Antitrust Laws (PDF)

Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

While Antitrust Slept (PDF)

Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

MAY 2003
Testimony (PDF)

APRIL 2003
Foreign Plaintiffs and U.S. Antitrust Law: Who Can Sue Under The FTAIA? (PDF)

Michael Boffa
Second Year Student and Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

Revising Illinois Antitrust (PDF)

FEBRUARY 2003
DeWine, Kohl Announce Antitrust Subcommittee Agenda (PDF)
FTC Holds Healthcare Hearings in Effort to Broaden Enforcement Framework (PDF)

Leatrice Berman Sandler
Fellow, Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

JANUARY 2003
An Open Letter to Illinois Attorney General Madigan (PDF)

Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

DECEMBER 2002
The Next Big Thing in Antitrust
Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

NOVEMBER 2002
Lesson Plans to Caution Chicago Teens about Risks of Internet Fraud
Maker of George Foreman? Contact Grill Settles Resale Price Maintenance Complaint with 45 Attorneys General and Agrees to Pay $8.0 Million and End Anti-Competitive Policies
Robert E. Draba
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

OCTOBER 2002
Bush Administration gets a "C" for Antitrust Enforcement

SEPTEMBER 2002
Get The Lead Out!
Sam Zabek
Student Fellow of the Institute
Class of 2002
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

AUGUST 2002
Don't Forget Antitrust in the Current Corporate Crisis
Spencer Weber Waller
Associate Dean for Faculty Research
Director, Institute of Consumer Antitrust Studies and
Professor
Loyola University Chicago School of Law

Institute for Consumer Antitrust Studies: News and Views

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