Institute for Consumer Antitrust Studies: Events and Programs

Throughout the year, the Institute hosts a number of symposia, lectures and brown bag discussions on selected topics related to antitrust. Individual members in the legal community are invited to speak, and other programs are presented for students and faculty in conjunction with the Chicago Bar Association, the Illinois Bar Association and the American Bar Association. Each April the Institute sponsors its annual Loyola Antitrust Colloquium.

 

 


   

Antitrust Marathon IV: With Authority

October 26-27, 2009
The Writers' Museum, Dublin

Organised by the British Institute of International and Comparative Law and the Institute for Consumer Antitrust Studies, Loyola University Chicago School of Law with the assistance of the Irish Competition Authority. 

 

October 26th:

26.2 miles, gently around Dublin
Participants Dinner at 6 p.m.

A&L Goodbody
International Financial Services Center
North Wall Quay
Dublin 1 (map: http://www.algoodbody.ie/en_maps/dublin.aspx)

 

October 27: Antitrust Marathon IV

The Writers' Museum
18 Parnell Square
Dublin 1

10:00 - 10:30: Coffee and welcome by chairs Philip Marsden and Spencer Weber Waller

 

10:30 - 11:30

1. Competition law and consumer protection - the debate is no longer about whether these two should be integrated, the question now is how.

Chair: Spencer Waller

Paper author: Professor Max Huffman, Indiana University-Indianapolis School of Law

Discussants: Cavendish Elithorn, Office of Fair Trading; Melanie Aitken, Canadian Competition Bureau; Paul Gorecki, ESRI

 

11:30 - 11:45: Coffee Break

 

11:45 - 1:30

2. Conflicts of Process vs. Conflicts of Values

Chair: Philip Marsden

a) Competition agency interaction with Concurrent regulators (ie. competition related); and all-in-one models: conflicts of process.

Paper author: Giorgio Monti, London School of Economics

Discussant: Barry Rodger, University of Strathclyde; Isolde Goggin, Ofcom Advisory Committee Northern Ireland, and Imelda Maher, UCD

 

b) Competition agency interaction with Other Government Departments, other non-competition policy areas: conflicts of values.

Paper author: Edward J. Janger, Brooklyn Law School

Discussants: William Beausang, Dept of Finance (tbc); Professor Philippa Watson, City Law School and Essex Court Chambers

 

1:45 - 2:30: Lunch

 

2:30 - 4:00

3. Institutional design generally: administrative v judicial models, vs. mixed.

Chair: Spencer Waller

Paper author: Vincent Power, AL Goodbody

Discussants: Stan Wong, Irish Competition Authority; Bruno Lasserre, French Authorit

What is the appropriate model for adjudication at first instance of competition law? Administrative or judicial or a mixed? Does the nature of remedies sought affect the choice, having regard to legal system? If a decision at first instance is appealed to a judical body, what should be the standard of review?

 

4:00: Close and Thanks

 

Participants include:

Philip Marsden, British Institute
Spencer Waller, Loyola
Stan Wong, Irish Competition Authority
Melanie Aitken, Canadian Competition Bureau
Bruno Lasserre, Autorité de la concurrence
Giorgio Monti, London School of Economics
Matthew Newman, Bloomberg News
Barry Rodger, Strathcyde University
Vincent Power, AL Goodbody
Edward Janger, Brooklyn Law School
Max Huffman, Indiana University-Indianapolis School of Law
Francisco Marcos, Instituto de Empressa Business School
Maurice Stucke, University of Tennessee College of Law
Ali Nikpay, Office of Fair Trading
Isolde Goggin, Ofcom's Advisory Committee for Northern Ireland
Imelda Maher, University College Dublin
Anna Louise Hinds, NUI Galway
Philippa Watson, Essex Court Chambers
Carlos Orci, Basham Ringe y Correa; Kings College London
Paul Gorecki, ESRI 
Bill Prasifka, Irish Competition Authority
Ann Fitzgerald, Chief Executive, National Consumer Agency
Gerald Fitzgerald, McCann Fitzgerald
Emily Gibson, Barrister and Chairman of the Irish Society of European Law
Paolo Palmigiano, ComReg
Mr. Justice John D. Cooke
Declan Walsh, UCC
Moore McDowell, UCD
Pat Massey, CompEcon


 

   

A Comparative Analysis of Antitrust Law Regimes: Designing Better Institutions for Deciding Antitrust Issues

Loyola University Chicago
School of Law
Friday, September 11, 2009

A Joint Program Co-Sponsored by the ABA Section of Antitrust Law and Loyola University Chicago School of Law, the Institute for Consumer Antitrust Studies.

 

Program Schedule:

8:20 a.m. Registration and Continental Breakfast
8:50 a.m. - 9:00 a.m.

Welcome and Introductions

Spencer Weber Waller, Loyola University Chicago School of Law, Chicago, IL

9:00 a.m. - 10:30 a.m.

Session I - A Comparative Analysis of Different Regimes

Moderator:
Jonathan M. Jacobson
, Wilson Sonsini Goodrich & Rosati, New York, NY

Speakers:
David S. Evans
, LECG, Boston, MA
Elenor M. Fox, New York University School of Law, New York, NY
Michael J. Trebilock, University of Toronto, Toronto, Canada

10:30 a.m. - 10:45 a.m. Break
10:45 a.m. - 12:15 p.m.

Session II - Strengths and Weaknesses/Relative Effectiveness of these Different Frameworks

Moderator:
Thomas O. Barnett
, Covington & Burling LLP, Washington, DC

Speakers:
Anu Bradford
, University of Chicago Law School, Chicago, IL
Allan Fels, The Australia and New Zealand School of Government, Carlton, Australia
Michal Gal, Haifa University, Haifa, Israel
Calvin S. Goldman, Blake Cassels & Graydon LLP, Toronto, Canada
*Mitsuo Matsushita, Sekei University, Tokyo, Japan

12:15 p.m. - 1:00 p.m. Lunch
1:00 p.m. - 1:45 p.m.

Building the Competition Agency of the Future: Perspectives from the FTC Self-Study

Introduction:
Melanie L. Aitken
, Commissioner, Canadian Competition Bureau, Gatineau, Canada

Keynote Speaker:
William E. Kovacic, Commissioner, Federal Trade Commission, Washington, DC

1:45 p.m. - 3:30 p.m.

Session III - Comparative Institutional Analysis and Competition Law

Moderator:
Spencer Weber Waller, Loyola University Chicago School of Law, Chicago, IL

Speakers:
Damien Geradin, Howrey LLP, Brussels, Belgium
Neil K. Komesar, University of Wisconsin Law School Madison, WI
Howard Shelanski, Deputy Director, Bureau of Economics, Federal Trade Commission, Washington, DC
D. Daniel Sokol, University of Florida, Gainesville, FL

3:30 p.m. Conclusion
 

* Materials submitted by Mr. Matsushita who is unable to participate. 

For more information and registration go to:
http://www.abanet.org/antitrust/symposium2009.html

The program is free to members of the Loyola University Chicago community. To download a PDF copy of the above agenda, please click here.

 


 

   

Issues at the Forefront of Monopolization and
Abuse of Dominance

May 24-26, 2009

 

Event Schedule for Sunday, May 24, 2009

9:30 a.m. Registration and Welcoming Reception

 

10:00 a.m.

Opening Remarks

Eli Salzberger, Dean, University of Haifa Faculty of Law

Spencer Weber Waller, Loyola University of Chicago School of Law

Michal S. Gal, University of Haifa Faculty of Law

Session 1: Theories of Harm

Chair: Michal S. Gal, University of Haifa Faculty of Law

10:30 a.m.

Dan Crane, Cardozo School of Law, "Monopoly Broth Makes for Bad Soup"

Commentator: Adi Ayal, Bar Ilan University School of Law

11:00 a.m.

Josef Drexl, Max Planck Institute, "Real Knowledge is to Know the Extent of One's Ignorance: On the Consumer Harm Approach in IP-related Cases"

Commentator: Fred Jenny, Cour de cassation

11:30 a.m.

Ioannis Lianos, University College London, "Classification of Abuses in Article 82 EC: A "Straight Story"?"

Commentator: Ariel Ezrachi, Oxford University Faculty of Law

12:30 p.m. Lunch
2:00 p.m. Guided Tour of the Hecht Museum, University of Haifa

Session II: Exclusionary Practices I

Chair: Avishalom Tor, University of Haifa Faculty of Law

3:30 p.m.

Steve Salop, Georgetown Law Center, "Section 2 in a Time of Transition: Refusals to Deal and Price Squeezes"

Commentator: Pamela Jones Harbour, Federal Trade Commission

4:00 p.m.

Spencer Weber Waller, Loyola University Chicago School of Law, "A Comparative Look at Essential Facilities and Refusals to Deal"

Commentator: Josef Drexl, Max Planck Institute

4:30 p.m.

Philip Marsden, British Institute of International & Comparative Law, "Attraction vs. Suction: How Goes the Trans-Atlantic Divide on Fidelity Rebates?"

Commentator: David Gilo, Tel Aviv University Facult of Law

5:00 p.m. Coffee Break

Session III: Exclusionary Practices II

Chair: Spencer Weber Waller, Loyola University Chicago School of Law

5:30 p.m.

Pamela Jones Harbour, Federal Trade Commission, "Section 2 in a Web 2.0 World: An Expanded Vision of Relevant Product Markets"

Commentator: Spencer Weber Waller, Loyola University Chicago School of Law

6:00 p.m.

Adi Ayal, Bar Ilan University School of Law, "Voluntary Network Effects"

Commentator: Jorge Padilla, LECG

7:00 p.m. Gala Dinner, University of Haifa

 

 

Event Schedule - Monday, May 25, 2008

Session IV: Exclusionary Practices III

Chair: Michal S. Gal, University of Haifa Faculty of Law

9:30 a.m.

Maurice Stucke, University of Tennessee College of Law, "How Do (or Should) Countries Treat a Dominant Firm's Deceptive Conduct?"

Commentator: Steve Salop, Georgetown Law Center

10:00 a.m.

Avishalom Tor, University of Haifa Faculty of Law, "Anticompetitive Acquisitions of Market Power: Evaluating the US and EU Approaches"

Commentator: Ioannis Lianos, University College London

10:30 a.m. Coffee Break

Session V: Exploitative Practices

Chair: Avishalom Tor, University of Haifa Faculty of Law

11:00 a.m.

Fred Jenny, Cour de cassation, "Exploitative Abuses of Dominance"

Commentator: Bill Kovacic, Federal Trade Commission

11:30 a.m.

Ariel Ezrachi & David Gilo, Oxford University Faculty of Law & Tel Aviv University Faculty of Law, "Are Excessive Prices Really Self-Correcting?"

Commentator: Dan Crane, Cardozo School of Law, Yeshiva University

12:30 p.m. Lunch

Session VI: Enforcement Challenges I

Chair: Spencer Weber Waller, Loyola University Chicago School of Law

2:30 p.m.

Michal S. Gal & Jorge Padilla, University of Haifa Faculty of Law & LECG, "The Follower Effect and Error Costs: Implications for Monopolization"

Commentator: Maurice Stucke, University of Tennessee College of Law

3:00 p.m.

Ariel Ezrachi, Oxford University Faculty of Law, "The European Commission's Guidance on Article 82 EC - The uncertain future of the Effect-Based Approach"

Commentator: David Gerber, Chicago-Kent School of Law

3:30 p.m. Coffee Break

Session VII: Enforcement Challenges II

Chair: Michal S. Gal, University of Haifa Faculty of Law

4:15 p.m.

Bill Kovacic, Federal Trade Commission, "Federal Trade Commission Administrative Adjudication and the Development of Standards for Dominant Firm Behavior"

Commentator: Michal S. Gal, University of Haifa Faculty of Law

4:45 p.m.

David Gerber, Chicago-Kent School of Law, "Abuse of Sominance, Monopolization and the Institutional Imbeddedness of Economics"

Commentator: Philip Marsden, British Institute of International & Comparative Law

5:15 p.m.

Closing Remarks

Spencer Weber Waller, Loyola University Chicago School of Law

Avishalom Tor, University of Haifa Faculty of Law

7:00 p.m. Conference Dinner, Haifa

 

 

Event Schedule for Tuesday, May 26, 2008

Guided Tour

 


 

   Loyola Antitrust Colloquium

The Institute sponsors an annual Colloquium for professors whose work reflects the same pro-consumer centrist view of antitrust shared by the Institute. Each spring leading antitrust law professors and scholars from related disciplines come to Loyola University Chicago School of Law to present and discuss new scholarly work in the field. Selected papers from the Colloquium are made available for publication through the Loyola University Law Journal, the Loyola Consumer Law Review, and are distributed as working papers of the Institute.

 

9th Annual Loyola Antitrust Colloquium - Friday, May 1, 2009

Loyola University Chicago
School of Law
25 East Pearson Street
Chicago IL. 60611

10th Floor Ceremonial Courtroom

 

Schedule of Events

 

Friday, May 1, 2009
8:45 a.m.

Continental Breakfast and Registration

Loyola University Chicago School of Law
25 E. Pearson
10th Floor Ceremonial Courtroom
Chicago, IL. 60611

 
9:20 a.m.

Welcome

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

 
9:30 a.m.

Susan Beth Farmer
Penn State University
Dickinson School of law

The Chinese Anti-Monopoly Law

Commentators:

Danny Sokol
University of Florida

Mike Jacobs
DePaul University

 
10:45 a.m. Coffee Break
 
11:00 a.m.

Mike Carrier
Rutgers-Camden School of Law

Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality

Commentators:

William Conanor
University of California - Santa Barbara

Meg Simpson
Jenner & Block, Chicago IL

 
12:30 p.m. Lunch
Kasbeer Hall
15th Floor
25 E. Pearson
 
1:45
p.m.

Chris Sagers
Cleveland State University
School of Law

Antitrust Epistemology

Commentators:

Andy Gavil
Howard University

Rudy Peritz
New York Law School

 
3:00 p.m. Ice Cream Sundae Break
 
3:20 p.m.

Josh Davis
University of San Francisco
School of Law

Judicial Resolution of Contested Facts in Antitrust Cases

Commentators:

Max Huffman
Indiana University - Indianapolis

Steve Shadowen
Hangley Aronchick Segal & Pudlin
Harrisburg, PA

6:30

p.m.

Colloquium Dinner

Da Vinci
1732 N. Halsted Street
Chicago, IL 60614
Telephone: 312.266.1199
Fax: 312.266.8143

 

Previous Antitrust Colloquium Programs

2001 Antitrust Colloquium
2002 Antitrust Colloquium
2003 Antitrust Colloquium
2004 Antitrust Colloquium
2005 Antitrust Colloquium
2006 Antitrust Colloquium
2007 Antitrust Colloquium
2008 Antitrust Colloquium

 


 

   

Antitrust Marathon III: Antitrust and the Rule of Law

Friday April 17, 2009

British Consulate

One Memorial Drive

Cambridge, MA

On Friday April 17th, the Institute for Consumer Antitrust Studies is co-sponsoring the third in its series of Antitrust Marathons with the Competition Law Forum (CLF) of the British Institute of International and Comparative Law. Antitrust Marathon III is a half day round table discussion focused on Antitrust and the Rule of Law from a comparative perspective. The discussion will be based on a series of short issue papers about different aspects of the rule of law in both American antitrust law and EU competition law. The issue papers and an edited transcript will appear in the Loyola Consumer Law Review. We thank the British Consulate for hosting the Antitrust Marathon and co-sponsoring the event and Leavit Reporting for their in-kind contribution of services.

In a spirit of Trans-Atlantic dialogue, the Antitrust Marathon series was conceived by Professor Spencer Weber Waller and Dr Philip Marsden as a method to explore pressing antitrust issues from a comparative perspective. The first two Antitrust Marathons convened in Chicago in October 2007 and in London in April 2008 and focused on Monopolization and Abuse of a Dominant Position from a Comparative Perspective. The issue papers and edited transcripts for Antitrust Marathons I and II are available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1087443 and http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1161065.

Antitrust Marathon III takes place the Friday before the Boston Marathon which a number of participants will run on Monday April 20, 2009. The participants for the roundtable discussion of Antitrust and the Rule of Law for Antitrust Marathon III include:

George Addy, Davies Ward Phillips & Vineberg, Toronto, Canada

Christian Ahlborn, Linklaters, London

Femi Alese, Senior Research Fellow, Institute for Consumer Antitrust Studies

Donald Baker, Baker & Miller, Washington, DC

Richard Brunell, American Antitrust Institute

Philip Budden, British Consul-General, Cambridge, MA

Terry Calvani, Freshfields

A. Neil Campbell, McMillan Binch, Toronto

Edward Cavanagh, St John's University School of Law, New York

Mark Clough, QC, Addleshaw Goddard, London

Tim Cowen, BT, London

Stacey Dogan, Northeastern University Law School

Josef Drexl, Max Planck Institute, Munich

Harry First, New York University School of Law

Hillary Greene, University of Connecticut Law School

Scott Hemphill, Columbia Law School

Keith Hylton, Boston University School of Law

Robert Langer, Wiggins & Dana, Hartford, CT

Marina Lao, Seton Hall University Law School, Newark, NJ

Philip Marsden, British Institute of International and Comparative Law

Melissa Maxman, Baker & Hostetler, Washington, DC

Becket McGrath, Berwin Leighton Paisner

Nigel Parr, Ashurst, London

Mark Patterson, Fordham University School of Law, New York

Alan Riley, City Law School, London

Elbert Robertson, Suffolk Law School

Daniel Savrin, Bingham McCutchen LLP, Boston, MA

Maurice Stucke, University of Tennessee School of Law

Spencer Weber Waller, Loyola University Chicago School of Law

 

Antitrust Marathon Agenda

9:00 A.M. Registration and Continental Breakfast
9:30 A.M.

 Welcome and Introduction

Professor Waller and Dr. Marsden, Co-Chairs

9:45 A.M.

"Does the Rule of Reason Violate the Rule of Law?"

Maurice Stucke, University of Tennessee School of Law

10:45 A.M. Coffee Break
11:00 A.M.

"Checks and Balances: European Competition Law and the Rule of Law"

Philip Marsden, Competition Law Forum, BIICL

12:15 P.M. Lunch
12:45 P.M.

"EU Competition Law and the Rule of Law II: Justice Delayed is Justice Denied"

Tim Cowen, BT

1:45 P.M.

"Does Antitrust Regulation Violate the Rule of Law?"

Elbert Robertson, Suffolk Law School

2:45 P.M.

Concluding Remarks

Dr. Marsden and Professor Waller

 

Limited spots are available to participate in Antitrust Marathon III. For more information, please contact either Spencer Weber Waller, Professor and Director, Institute for Consumer Antitrust Studies, Loyola University Chicago School of Law at swalle1@luc.edu or Dr. Philip Marsden, Competition Law Forum, British Institute of International and Comparative Law at p.marsden@biicl.org.

 

For past programs, please click here.

 

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