Institute for Consumer Antitrust Studies

Working Papers

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

2009

Antitrust Marathon III: Antitrust and the Rule of Law (PDF)

Harmonizing Essential Facilities and Refusals to Deal (PDF)

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

William Tasch
Student Fellow
Institute for Consumer Antitrust Studies
J.D. 2010
Loyola University Chicago
School of Law

Antitrust Transitions (PDF)

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

Jennifer Woods
J.D. Candidate 2010 and Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago
School of Law

2008

Of Selling the Environment - Buyer Beware? An Evaluation of the Proposed F.T.C. Green Guides Revisions (PDF)

Jennifer Woods
J.D. Candidate - May 2010
Loyola University Chicago
School of Law

Regional Sports Networks, Competition, and the Consumer (PDF)

Diana Moss
Vice President and Senior Research Fellow
American Antitrust Institute

Culture and Competition: National and Regional Levels (PDF)

Ki Jong Lee
Associate Professor
College of Law
Sookmyung Women's University

Vertical Price Restraints After Leegin (PDF)

Edward D. Cavanagh
Professor of Law
St. Johns University
School of Law

Justice Stevens and the Rule of Reason

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

Enforcement Practices for Breaches of Consumer Protection Legislation (PDF)

Michael Faure
Professor of Comparative and International Environmental Law
Maastricht University
The Netherlands

Anthony Ogus
Professor of Law
University of Manchester
School of Law
United Kingdom

Niels Philipsen
Associate Professor Economics of Law
Maastricht University
The Netherlands

Natalie Rosenfelt, The Verdict on Monopsony, 20 Loy. Cons. L. Rev. 361 (2008)

Assessing the Effectiveness of Potential Remedies in Consumer Markets

A report prepared for the Office of Fair Trading, UK by Luke Garrod, Morten Hviid, Graham Loomes and Catherine Waddams Price of the ESRC Centre for Competition Policy

Antitrust Marathon II

The Past, Present, and Future of Monopolization Remedies (PDF)

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

"The Antitrust Marathon" as published in 30 Loy. Cons. L. Rev. 115 (2008)

Promoting Competitive Reforms in Developing Countries through Consumer Action

Pradeep S. Mehta
Secretary General
CUTS International

Areeda, Epithets, and Essential Facilities

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

2007

The Chicago School Virus

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

The Future of US Federal Antitrust Enforcement: Learning from Past and Current Influences *

James Langenfeld
Director, LECG, and Adjunct Professor at Loyola University Law School, Chicago;
former Director for Antitrust in the Federal Trade Commission's Bureau of Economic
and
Daniel R. Shulman
Principal, Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, MN.

* Reprinted courtesy of The Sedona Conference[circle r]
(www.thesedonaconference.org)

Consumer Protection in the United States: An Overview

Jillian G. Brady, J.D. Candidate 2008
Loyola University Chicago
School of Law
and
Spencer Weber Waller, Professor and Director
Institute for Consumer Antitrust Studies
Loyola University Chicago
School of Law

Politics Trumps Economics (PDF)

Pradeep S. Mehta
Secretary General of CUTS International
Jaipur, India
and
Manish Agarwal
Policy Analyst, CUTS International

Revitalizing Essential Facilities (PDF)

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

2006

Competition Law (PDF)

Mark Berry
Adjunct Professor
Institute of Consumer Antitrust Studies
Loyola University Chicago School of Law

Forthcoming New Zealand Law Review

Undoing the Otherwise Perfect Crime - Applying Unjust Enrichment to Consumer Price-Fixing Claims (PDF)

Daniel R. Karon
Professor of Law
Cleveland-Marshall College of Law
Cleveland State University

The Myth of the Rational Borrower: Rationality, Behaviorism, and the Misguided 'Reform' of Bankruptcy Law

by Susan Block-Lieb
Fordham University
School of Law
and
Edward J. Janger
Brooklyn Law School

84 Texas Law Review 1481 (2006)

In Re Evanston Northwestern Healthcare Corp., A 'Look Back' at the ALJ's Initial Decision with Potential Implications for Future Hospital Mergers (PDF)

Todd C. Whitehead
Student Fellow
Institute of Consumer Antitrust Studies
Loyola University Chicago School of Law

The EU Green Paper on Private Damage Actions - An Ambitious Response to a Very Difficult Set of Practical and Philosophic Issues (PDF)

Donald I. Baker
Baker & Miller, PLLC
Washington, DC

This article appears in the Competition Law Journal Issue 4 of 2005 and is reproduced here with permission of Jordan Publishing Limited. www.jordanpublishing.co.uk

Enhancing the Rule of Law Through Competition Law (PDF)

Larry D. White, J.D.
Department of International Trade
Cankaya University
Balgat-Ankara, Turkey

Towards a Constructive Public-Private Partnership to Enforce 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

Microsoft and Trinko: A Tale of Two Courts (PDF)

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

2005

Federal Trade Commission Horizontal Restraint Cases: An Update (PDF)

James A. Langenfeld
Director, LECG, Evanston, IL
Adjunct Professor
Loyola University Chicago School of Law, Chicago, IL
and
Louis Silvia
Assistant Director, Bureau of Economics
Federal Trade Commission, Washington, DC

As originally published at 49 Antitrust Bulletin 3 (Fall 2004). Reproduced with permission of the Antitrust Bulletin.

Furnishing Consumers with a Voice in Competition Policy (PDF)

Orit Dayagi-Epstein
PhD Candidate
King's College London

When Exclusionary Conduct Meets the Exclusive Rights of Intellectual Property: The Limits of Free Riding in Antitrust Business Justifications (PDF)

Shubha Ghosh
Professor of Law
University at Buffalo Law School, SUNY
Professor of Law
SMU Dedman School of Law

Number Portability for Consumers: Taking Your Wireless Number With You (PDF)

Colleen Bryan
J.D. Candidate 2005
Loyola University Chicago School of Law

Reprinted from Volume 16, No. 3, Loyola Consumer Law Review

The Demise of Ocean Shipping Regulation: A Study in the Evolution of Competition Policy and the Predictive Power of Microeconomics (PDF)

by Chris Sagers
Assistant Professor of Law
Cleveland State University

2004

REVIEW: Do the "New Dynamics of Business Ecosystems" Spell the End of Antitrust? (PDF)

by Marco Iansiti and Roy Levien
Reviewed by Albert A. Foer
President, American Antitrust Institute

State Enforcement from the Perspective of the Antitrust Modernization Commission (PDF)

Robert L. Hubbard
Director of Litigation
Antitrust Bureau of the
New York Attorney General's Office
and
James Yoon
Assistant Attorney General
Antitrust Bureau of the
New York Attorney General's Office

Illinois Brick: A Look Back and a Look Ahead (PDF)

Edward D. Cavanagh
Professor of Law
St. John's University
School of Law

Symposium Papers on The Future of Private Rights of Action in Antitrust

"Your Honor, Tear Down That Illinois Brick Wall!" The National Movement Toward Indirect Purchaser Antitrust Standing and Consumer Justice (PDF)

Daniel R. Karon
Weinstein Kitchenoff Scarlato Karon & Goldman Ltd.

Motorsports Merchandise: A Cy Pres Distribution Not Quite "As Near As Possible" (PDF)

Robert E. Draba
J.D. Candidate, May 2005
Loyola University Chicago School of Law

The Antitrust Legacy of Thurman Arnold (PDF)

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

2003

Competition and Consumer Protection: Breaking Down the Walls (PDF)

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

Repositioning Competition Policy (PDF)

Phil Evans
Consumers Association, UK

Illustrating a Behaviorally-Informed Approach to Antitrust Law: Section 2 Predation and Beyond (PDF)

Avishalom Tor
Research Fellow
Olin Center for Law, Economics, and Business
Harvard Law School

Act Locally, Apply Globally: Protecting Consumers from International Cartels by Applying Domestic Antitrust Law Globally (PDF)

Ryan A. Haas
J.D. candidate, May 2004
Loyola University Chicago School of Law

Cultures and Cartels: Cross-Cultural Psychology for Antitrust Policies (PDF)

Professor Ki Jong Lee
Associate Professor of Law
Andong National University, Korea

Developing a Behavioral Approach to Antitrust Law and Economics: An Executive Summary (PDF)

Avishalom Tor
Senior Research Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

Multilateral Competition Agreement (PDF)

The Consumer Union & Trust Society, India

Telecommunications: An Industry in Transition - Continuing Deregulation and Antitrust Laws (PDF)

Winnie Wong

The Misuse and Abuse of the Tunney Act: The Adverse Consequences of the "Microsoft Fallacies" (PDF)

John J. Flynn
Hugh B. Brown Professor of Law
University of Utah
and
Darren Bush
Assistant Professor
University of Houston Law Center

2002

Holding Credit Hostage for Underwriting Ranson: Rethinking Bank Antitying Rules (PDF)

Christian A. Johnson
Associate Professor and Co-Director of the Business Law Center
Loyola University Chicago School of Law

Rip-off USA: The North American Car Market (PDF)

Consumer's Association U.K.

Suing OPEC (PDF)

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

The Incoherence of Punishment in Antitrust (PDF)

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

The United States as Antitrust Courtroom to the World: Jurisdiction and Standing Issues In Transnational Litigation (PDF)

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

2001

A Flash in the Pan: The Brief Existence of the Anti-Monopoly Party (PDF)

Spencer Weber Waller
Associate Dean for Faculty Research
Director Institute of Consumer Antitrust Studies and Professor
Loyola University Chicago School of Law
and
Joshua Fink
Loyola University Chicago School of Law
Class of 2003

Antitrust As Consumer Choice: Comments On The New Paradigm (PDF)

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

Antitrust Regulability and The New Digital Economy: A Proposal for Integrating "Hard" and "Soft" Regulation (PDF)

Gary Minda
Visiting Professor of Law
St. John's University School of Law (2001-2002)
Professor of Law
Brooklyn Law School

Contemporary Antitrust Federalism: Cluster Bombs or Rough Justice? (PDF)

Richard Wolfram
Member of the New York Bar
and
Spencer Weber Waller
Director, Institute of Consumer Antitrust Studies and Professor
Loyola University Chicago School of Law

What Is The Point Of Antitrust If You Can't Break Up Microsoft? (PDF)

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

2000

Banking, Antitrust and Derivatives: Untying The Antitying Restrictions (PDF)

Christian A. Johnson
Associate Professor and Co-Director of the Business Law Center
Loyola University Chicago School of Law

Bringing Globalism Home: Lessons from Antitrust and Beyond (PDF)

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

The Language of Law and the Language of Business (PDF)

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