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Keep up with what matters in competition and consumer law through the Institute’s website:

Working papers from the faculty and members of our Advisory Board

News and Views from the student fellows on what’s hot in the antitrust and consumer world

Consumer guides to antitrust and consumer protection law

Research and recommendations to U.S. and international competition and consumer protection agencies and legislatures

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 website 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 2022

From the Conference Room to the Courtroom: Consumer Protection and Antitrust Law under the FAIR Act

Corinne Stratton, Brady Sweet & Puja Valera
Student Fellows
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

May 2022

Preventing Greenwashing from Becoming Mainstream: 2022 Revisions to the FTC’s Green Guides

Emily Binger
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of LawW

Increased Risk of Unwinding as Result of Extended Agency Review

Danielle Feingold and Josh Neumann
Antitrust Fellows
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law 

The Open App Markets Act: Reining in a Duopoly

Leah Cable & Sean Linehan
Student Fellows
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

Prescription Drug Importation: A Politically Feasible Solution to an Economically Challenging Problem

Scott Hulver
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

January 2022

NCAA v. Alston: The Future of Student-Athletes

Erin Foster, Rory Svoboda, & Reilly Dougherty
Student Fellows
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

December 2021

Alleging Monopoly Power in the Meta-Verse

Yoan Hernandez, Anna Kenneally & Puja Valera
Student Fellows
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

November 2021

(I Can’t Get No) Restitution: The Supreme Court’s Attack on the FTC’s Equitable Enforcement Powers

Patrick Gilsenan
Student Fellow, Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

May 2021

Facebook v. Duguid: A 21st Century Question for a 20th Century Statute

Rory Svoboda, Anna Kenneally, & Blake Kolesa
Student Fellows
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

April 2021

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Institute Newsletter, Issue 21

What Are the Limits of the FTC’s Authority under Section 13(b)? The High Stakes of AMG Capital Management, LLC v. FTC

Jacob Morse
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

Preserving the Telephone Consumer Protection Act: The Underlying Disconnect on Severability

Sean Linehan & Reilly Dougherty
Student Fellows
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

December 2020 

Real High Prices, Unreal Authority: HHS Lacks Rulemaking Power to Force Drug Price Disclosures

Scott Hulver & Perri Nena Smith
Student Fellows
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

The Health of Antitrust Norms Amidst a Global Pandemic: COVID-19 and the Unprecedented Embrace of Competitor Collaboration

Justin Deffenbacher, Patrick Gilsenan, & Elizabeth Miller
Student Fellows
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

November 2019

Who is in Charge at the Consumer Financial Protection Bureau?
Jacob Morse
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

Private Eyes, They're Watching You?
Blake J. Kolesa
Student Fellow
Loyola University Chicago School of Law
Institute for Consumer Antitrust Studies

All Americans Deserve the Same Protection from Predatory Loans that Service Members Have

APRIL 2019

The Waiting Game: The Seventh Circuit Insulates NCAA Transfer Rules from Antitrust Scrutiny
Bill Sullivan
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

Illinois Enacts New Law to Protect Home Buyers from Predatory Rent-to-Own Contracts
Alexandra M. Harrington
Student Fellow
Loyola University Chicago School of Law
Institute for Consumer Antitrust Studies 

MARCH 2019

The Dark Side of Deference: Auer and its Effects on Consumer Protection
Jacob Rheaume
Student Fellow
Loyola University Chicago School of Law
Institute for Consumer Antitrust Studies

Video Privacy: An Illusory Concept or an Essential Right?
Francisca Wolfenson
Student Fellow
Loyola University Chicago School of Law
Institute for Consumer Antitrust Studies

ABA Section of Antitrust Law, Antitrust Class Actions Handbook
Director, Institute for Consumer Antitrust Studies
Justice John Paul Stevens Chair in Competition Law 

with the permissions language shown

JANUARY 2019

Judicial Impact on Foreign Relations: Questions Linger After the Supreme Court’s Decision in Animal Science Products
Alexandra Benigni
Student Fellow
Loyola University Chicago School of Law
Institute for Consumer Antitrust Studies

Welcome Back to the Fight
Spencer Weber Waller
Director, Institute for Consumer Antitrust Studies
Justice John Paul Stevens Chair in Competition Law

NOVEMBER 2018

American Express vs. Expressions: The Supreme Court Sends Mixed Messages on Credit Card Fees
Frances Butler
Student Fellow
Loyola University Chicago School of Law
Institute for Consumer Antitrust Studies

SEPTEMBER 2018

Commentary: Feds moving in wrong (and dangerous) direction on military consumer protection
Army Col. Paul Kantwill (Ret.)
Senior Fellow, Institute for Consumer Antitrust Studies

APRIL 2018

Not a Latte There: District Court Dismisses Starbucks Customers’ Class Action Lawsuit
Anais Holland-Rudd
Student Fellow
Loyola University Chicago School of Law
Institute for Consumer Antitrust Studies

Elon Musk, Renewable Energy, and Immediate Appeals
William Sullivan
Student Fellow
Loyola University Chicago School of Law
Institute for Consumer Antitrust Studies 

Unresolved Questions: Disagreement Over the Per Se Treatment of Tying Arrangements Creates Uncertainty
Jake Rheaume
Student Fellow
Loyola University Chicago School of Law
Institute for Consumer Antitrust Studies

MARCH 2018

Midland Funding v. Johnson: Balancing Two Consumer-Oriented Statutes
Alexandra M. Harrington
Student Fellow
Loyola University Chicago School of Law
Institute for Consumer Antitrust Studies

FEBRUARY 2018

The Uncertain State of Consumer Protection Law after Expressions Hair Design v. Schneiderman
Frances Butler
Student Fellow
Loyola University Chicago School of Law
Institute for Consumer Antitrust Studies

Will the Third Time Be the Charm? Antitrust Whistleblower Protections May Need Further Incentives to Pass the House
Bruce Winters
Student Fellow
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law

Working Papers

2023

Lasting Change in Competition Law and Policy
Spencer Weber Waller
Loyola University Chicago

Bespoke Antitrust
Harry First
New York University School of Law
Spencer Weber Waller
Loyola University Chicago School of Law

2022

A Pop Culture Guide to Antitrust
Spencer Weber Waller
Loyola University Chicago School of Law

Bespoke Antitrust
Harry First
New York University School of Law
Spencer Weber Waller
Loyola University Chicago School of Law

Competition law enforcement in European post-socialist countries: authoritarian legal culture legacy, semantic dissonance and skewed agencification
Jasminka Pecotić Kaufman
2021 Non-Resident Senior Research Fellowship Program
Institute for Consumer Antitrust Studies - Loyola University of Chicago

2021

Addressing high prescription drug price increases in EU and U.S. pharmaceutical markets: which role for antitrust policy?

Margherita Colangelo
2021 Non-Resident Senior Research Fellowship Program
Institute for Consumer Antitrust Studies - Loyola University of Chicago 

2020

The Political Face of Antitrust
Spencer Weber Waller & Jacob E. Morse

The Political Misuse of Antitrust: Doing the Right Thing for the Wrong Reason
Spencer Weber Waller & Jacob E. Morse

Institutional Design Issues and Policy Changes: Reflections from former Chair, Dr. Mark Berry
Dr. Mark Berry
Former Chair, New Zealand Commerce Commission; Member, International Advisory Board, Institute for Consumer Antitrust Studies

Invited Submission of Spencer Weber Waller to United States House of Representatives Antitrust Subcommittee Investigation of Digital Platforms
Spencer Weber Waller
Loyola University Chicago 

The Old New (Or is it the New Old) Antitrust: “I’m Not Dead Yet!!”

Diane P. Wood
Chief Judge, U.S. Court of Appeals for the Seventh Circuit

2018

The Omega Man or The Isolation of U.S. Antitrust Law

Spencer Weber Waller
Loyola University of Chicago, School of Law
Institute for Consumer Antitrust Studies

Antitrust and Democracy

Spencer Weber Waller
Loyola University of Chicago, School of Law
Institute for Consumer Antitrust Studies

2017

Citizen Fox: The Global Vision of Eleanor Fox

Philip Marsden
Inquiry Chair, Competition & Markets Authority, UK;
Professor of Law and Economics, College of Europe, Bruges, Belgium.

&

Spencer Weber Waller
Loyola University of Chicago, School of Law
Institute for Consumer Antitrust Studies

2016

How Much of Health Care Antitrust is Really Antitrust?

Spencer Weber Waller
Loyola University of Chicago, School of Law
Institute for Consumer Antitrust Studies

A Profile of Bio-pharma Consolidation Activity

Jordan Paradise, J.D.
Professor of Law
Loyola University Chicago School of Law

Online Casebook

COMPETITION POLICY IN THE GLOBAL ECONOMY

An On-Line Case Book
Spencer Weber Waller
Institute for Consumer Antitrust Studies
Loyola University Chicago School of Law
25 E. Pearson Suite 1341
Chicago, IL 60611
312-915-8598

antitrust@luc.edu

This on-line casebook examines the fields of international antitrust and international trade law. In general, it examines how the United States and other jurisdictions regulate competition among firms which do business abroad. This will include how competition policy regulates individuals and firms located outside the United States in their competition with United States firms as well as the rules governing United States firms.

These materials are intended for use in a U.S. style law school class or seminar and designed to provide the base knowledge necessary to engage in sophisticated research in the field and to produce a research based paper of 20-25 pages in length. By necessity, these materials are in English and have primarily a United States focus. The value of an on-line casebook in this field goes beyond the merely the cost savings and convenience. It is also an opportunity for a collaborative exercise that will allow for the creation of a more in-depth and creative set of materials that can be done in traditional hard cover format. Use of the casebook for educational purposes with attribution is available on a royalty-free basis under a Creative Commons Attribution-Share Alike 3.0 United States License, available at http://creativecommons.org/licenses/by-sa/3.0/us/. For all other uses please contact Professor Waller at the Institute for Consumer Antitrust Studies at Loyola University Chicago School of Law or swalle1@luc.edu.

I therefore invite any competition law teacher or scholar to submit additional chapters on other competition law topics or jurisdictions not covered in these materials for inclusion in future iterations of these materials. Materials must be original or accompanied with proof of permission/license to use for this purpose and be in English and in either Word or Word Perfect. Submission of materials constitutes your permission to include the material in future editions of the on-line casebook for educational purposes with attribution available on a royalty-free basis under a Creative Commons Attribution-Share Alike 3.0 United States License, available at http://creativecommons.org/licenses/by-sa/3.0/us/.

Submission of materials also constitutes permission to edit the submitted material for style, content, and compatibility with the existing text, although every reasonable effort will be made to allow you to review edited material before posting on-line. I look forward to working with the global competition law and policy community to make this the most effective and interesting teaching tool possible.

 

Table of Contents

Introduction

Chapter One - Extraterritoriality: The U.S. Perspective

Chapter Two - Extraterritoriality: Foreign Perspectives and Commentary

‌Chapter Three - Jurisdiction Over Export Conduct

Chapter Four - International Litigation Issues

Chapter Five - Unsolvable Conflicts

Chapter Six - The Role of Foreign Governments

Chapter Seven - Antitrust and Trade Issues

Chapter Eight - International Mergers and Joint Ventures

Chapter Nine - International Antitrust I: Enforcement Cooperation

Chapter Ten - International Antitrust II: Harmonization and Convergence