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-

admissions@luc.edu, 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 antitrust@luc.edu.

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: antitrust@luc.edu http://www.luc.edu/antitrust