Volume 11 Number 1 (Summer 2012)
Institute for consumer antitrust studies
studies
Loyola University Chicago
Special points of in-
terest:
• Brands, Competition, and the Law Conference Octo-
ber 19, 2012
• 2012-13 Upcoming Pro-
grams
• Institute Undertakes Com-prehensive Study of Tele-phone Consumer Protection
Act
• New International LLM Pro-
grams
FTC Commissioner Julie Brill Keynotes 12th Annual Loyola Antitrust Colloquium
2
New Senior Research Fel-low for 2012-13 Academic Year
2
New Institute Publications 3
Hidden Traps, Fair Con-tracts and Consumer Choice Program
3
Institute Receives New Cy Pres Award
3
Inside this issue:
Brands matter. In mod-
ern times, brands and
brand management have
become a central feature
of the modern economy.
Coca-Cola, Nike, Google,
Disney, Apple, Microsoft,
BMW, Marlboro, IBM,
Kellogg’s, and Virgin are
just some of the brands
that are powerful tools for
business.
Unfortunately neither
antitrust law nor IP law
adequately understands
the core meaning of
branding in the business
world or the market
place. Commentators
tend to either over or un-
der-value brands for such
issues as market defini-
tion, market power, and
barriers to entry.
The Institute has part-
nered with University
College London to
present a pair of con-
ferences exploring
the business, eco-
nomic, antitrust, and
IP treatment of
brands. The UK half
of the program took
place in December
2011 with over 200
attendees.
The Loyola program
will take place on
October 19, 2012 at
the Corboy Law Center.
Speakers include leading
economists, business pro-
fessors, brand consult-
ants, as well as antitrust
and intellectual property
professors and practition-
ers. All seek to reach a
common understanding
about the power of brands
and the most appropriate
antitrust and IP legal
regime for our branded
economy. We are particu-
larly delighted to wel-
come Deborah Majorus,
general counsel of Proctor
& Gamble and ex-FTC
chair to be part of the
discussion.
Details and registration
are available on the web-
site at luc.edu/antitrust.
Brands, Competition, and the Law October 19, 2012 @ LUC
July 19, 2012
Upcoming Programs and Events
October 19, 2012.
Brands, Competition and
the Law. 10th Floor
Courtroom. Co-sponsored
with University College
London.
March 18, 2013. Anti-
trust Marathon V: When
in Rome. Cosponsored
with University of Rome I
(Sapienza) & the Italian
Competition Authority.
April 19, 2013. 13th
Annual Loyola Antitrust
Colloquium. Key Note
Address, Patricia Brink,
Director of Civil Enforce-
ment, Antitrust Division,
U.S. Department of Jus-
tice.
Fall, 2013. Release of
Institute Study of Tele-
phone Consumer Protec-
tion Act.
The LLM in International Law al-
lows students more flexibility to
design their own curriculum. Stu-
dents can select from a wide variety
of subject areas which have strong
international and comparative com-
ponents including competition law.
The LLM can be structured to in-
clude a thesis or focus solely on
course work. LLM students concen-
trating on competition law would
also be part of the full activities and
events of the Institute.
The school provides model curricula
for all of its areas of expertise, but
welcomes students to develop their
own focus. Full information about
the program is available at
www.luc.edu/law/academics/
graduate/international/index.html,
by email at intl-llm-
[email protected], or 312-915-
7091.
Loyola University Chicago School of
Law is pleased to announce the ad-
dition of two new International
LLM Programs to its curricular of-
ferings. Applications for fall 2012
are being accepted now. The LLM
in U.S. Law for Foreign Lawyers is
designed for graduates from non-
U.S. law schools seeking to meet the
bar exam requirements of select
U.S. jurisdictions.
On April 27, 2012, FTC Julie Brill
keynoted the 12th Annual Loyola
Antitrust Colloquium with a lunch
talk on Privacy, Competition, and
Consumer Protection.
The colloquium is the highlight of
the Institute’s year and features a
wide variety of voices and values
committed to the effective enforce-
ment of the competition and con-
sumer laws. This year’s colloquium
included over one hundred at-
tendees from throughout the United
States and abroad including law,
business, and economic professors,
practitioners, federal, state, and
international enforcers, as well as
members of the judiciary.
The 2012 presenters included:
John Kwoka, Department of Eco-
nomics, Northeastern University
Does Merger Control Work? A Retro-
spective on U.S. Enforcement Ac-
tions and Merger Outcomes
Marina Lao, Seton Hall University
Law School
The Perfect is the Enemy of the
Good: The Antitrust Objections to
the Google Book Settlement
Jonathan Baker, Washington Col-
lege of Law, American University
Exclusion as a Core Principle of An-
titrust
Robert Lande, University of Balti-
more School of Law & John Connor,
Department of Economics, Purdue
University
Cartels as Rational Business Strate-
gy: New Data Demonstrates that
Crime Pays
See the colloquium papers at
http://www.luc.edu/law/academics/s
pecial/center/antitrust/colloquium_s
chedule.html and the full video of
Commissioner’s Brill key note ad-
dress at
http://www.luc.edu/antitrust.
with private rights of action for the
greater of actual damages or $500
per violation.
The cy pres award is designated to
fund the first comprehensive study
of this consumer protection statute.
Former Institute Student Fellow
Daniel Heidtke (J.D. 2012) will re-
The Institute has received a new cy
pres award arising out of a case in
the North District of Illinois
brought under the Telephone Con-
sumer Protection Act (TCPA). The
TCPA makes it unlawful to send
unsolicited faxes and other types of
phone communications. It creates a
robust enforcement mechanism
turn as a full-time Research Fellow
to conduct the study and prepare
the report which will examine legis-
lative history, reported decisions,
previous scholarship, and conduct
interviews with practitioners and
policy makers analyzing the TCPA.
The full report is expected in the
fall of 2013.
Loyola Creates New International LLM Program
FTC Commissioner Julie Brill Keynotes 12th Annual Loyola Antitrust Colloquium
Institute Receives New Cy Pres Award to Study TCPA
PAGE 2 INSTITUTE FOR CONSUMER ANTITRUST STUDIES VOLUME 11 NUMBER 1
On January 27, 2012, the Institute
and Consumer Works hosted a pro-
gram on the newly renovated 14th
floor of the Corboy Law Center on
standard form language in consum-
er contracts.
LUC Professor Lea Kriviskas Shep-
ard moderated and took the lead in
organizing the program with Citi-
zen Works Executive Director
Therea Amato.
Other speakers included:
Bob Sullivan, Veteran Reporter and
Author of MSNBC’s “Red Tape
Chronicle.
James D. Kole, Chief, Chicago Of-
fice, Consumer Fraud Bureau, Illi-
nois Attorney General’s Office.
Hunter Wiggins, Deputy Assistant
Director for Enforcement Strategy,
Consumer Financial Protection Bu-
reau.
Omri Ben-Shahar, Frank and Ber-
nice Greenberg Professor of Law
and Kearney Director, University of
Chicago Institute for Law and Eco-
nomics.
It was a lively and timely discussion
of the best approaches to ensure
meaningful consumer choice in an
age of standard form contracts and
non-negotiable arbitration. This
important issue is now part of the
current legislative agenda in Illinois
as the state legislature considers
four separate bills to implement
plainer language and pre-signing
access to standard form consumer
contracts.
The Institute is pleased to welcome
Marek Martyniszyn as the 2012-13
Senior Research Fellow. Professor
Martyniszyn has completed his PhD
at the University College Dublin
with a thesis on export cartels. In
addition, he is the author of two
articles on different international
and comparative antitrust topics.
At LUC, Dr. Martyniszyn will be
teaching European Union Law and a
seminar on international and com-
parative antitrust law while pursuing
a long-term research project on the
impact of foreign government amicus
briefs in international antitrust liti-
gation. He will be in residence begin-
ning in August 2012.
Recent Institute Publications
Hidden Traps, Fair Contracts, and Consumer Choice Considered at LUC January Program
New Senior Research Fellow for 2012-13 Academic Year
(2012)(special symposium issue).
Daniel Heidtke, Passing the Buck: A
Look Into the Durbin Amendment to
the Dodd-Frank Act.
David Haddock, Tonja Jacobi &
Matthew Sag, League Structure
and Rent Seeking—The Role of An-
titrust Revisited, forthcoming.
Greg Jones, The 2012 Mortgage Set-
tlement: Who Gains.
Lea Shepard, Creditor’s Contempt,
2011 BYU L. REV. 1509.
Spencer Weber Waller, Antitrust
and Social Networking, 90 N. CAR.
L. REV. 1771 (2012).
Spencer Weber Waller, The Next
Generation of Global Competition
Law, forthcoming CONCURRENCES.
The Working Papers and News and
Views section of the Institute web
site have the latest Institute publi-
cations which include:
Theodore Banks, Antitrust Compli-
ance—It’s All About the Culture,
CPI ANTITRUST CHRONICLE (2012).
The Continuing Effects of the Mort-
gage Crisis on Consumer Consum-
ers, 24 LOY. CON. L. REV. NO. 4
PAGE 3 INSTITUTE FOR CONSUMER ANTITRUST STUDIES VOLUME 11 NUMBER 1
The Institute for Consumer Antitrust Studies is a
non-partisan, independent academic center de-
signed to explore the impact of antitrust enforce-
ment on the individual consumer and the public,
and to shape policy issues.
The Institute promotes a comprehensive, inclusive
view of the benefits of competition law and policy
that includes, yet goes beyond, narrow notions of
economic efficiency. The Institute fulfills its mis-
sion by sponsoring symposia, academic colloquia,
research, publication, and a unique student fel-
lowship.
For more information about the Institute, its ac-
tivities, programs, and publications, visit us on
the web at http://www.luc.edu/antitrust, on Face-
book, or contact us at [email protected].
Institute for Consumer Antitrust Studies 25 E. Pearson Street Chicago, IL 60611
LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW
Marek Martyniszyn; David O’Toole;
and Michael Sennett.
2011-12 Student Fellows
Stephen Beard
Brandon Cavanaugh
Nicole Croley
Patrick Gleeson
Daniel Heidtke
Greg Jones
Patrick Keenan-Devlin
Eric Olson
Ismael Salam
Staff
Christine Nemes—Administrator
Denice Barnes—Web Master
Michael Patena—Business Manager
Thanks to everyone who through
their hard work made the past aca-
demic year so productive and made
possible the many activities of the
Institute. In addition to the Univer-
sity, the Law School, and the donors
over the years who created and en-
hanced the endowment that makes
our work possible, the following
people have played a vital role in
the Institute for Consumer Anti-
trust Studies.
Loyola Faculty
Spencer Weber Waller; Jane Locke;
Matthew Sag; Lea Shepard
Adjunct and Visiting Faculty
Joanne Gazarek-Bloom; Ted Banks;
Christine Chabot; Ted Donner;
James Langenfeld; David Marx;
For the United States and Interna-
tional Advisory Boards please see
the web site for the names and affil-
iations of the individuals who do-
nate their time to the Institute.
Faculty, Staff, and Students of the Institute
Phone: 312-915-7137 E-mail: [email protected] http://www.luc.edu/antitrust
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