Loyola University Chicago

Institute for Consumer Antitrust Studies

School of Law

Events and Programs


‌Throughout the year a number of symposia, lectures, and brown bag discussions are held on selected topics related to Antitrust and Consumer Law. The Institute also sponsors programs in conjunction with the bar association and law reform groups such as Citizen Works, the Chicago Bar Association, the Illinois State Bar Association, and the American Bar Association. All Institute events are available without charge to members of the Loyola University Chicago community. Full information and details on upcoming events as available on the Institute website.

The annual Loyola Antitrust Colloquium is held each April where professors, judges, enforcements officials, and practitioners gather for a day of discussion of cutting edge research in the antitrust field. The Institute also has sponsored symposia and round table discussions on a regular basis for the general legal and business community. Recent symposia have included the Future of Private Rights of Action in Antitrust (2004), Proof of Conspiracy in Antitrust Cases (2006), and Designing Better Institutions to Enforce Competition Law (2009). The papers for all symposia are published in either the Law Journal or the Consumer Law Review. The Institute also sponsors the Antitrust Marathon, a global roundtable discussion of comparative competition law issues. Antitrust Marathons have been held in Chicago, London, Boston, and Dublin and the papers and transcripts of the discussion have been published in the Loyola Consumer Law Review and the European Competition Journal.

The Institute for Consumer Antitrust Studies, working with its co-sponsor, the Institute for Investor Protection, recently hosted the National Mortgage Settlement Conference. The Conference featured presentations from the architects of the largest consumer protection settlement in American history, including State Attorneys General from throughout the country and Shaun Donovan, the Secretary of Housing and Urban Development. In his fascinating address, which is linked here, Secretary Donovan traces the abuses which led to the mortgage crisis, and documents the extremely effective efforts of state and federal agencies to provide relief for homeowners and to establish structures and standards to prevent such crises in the future. You can also view the Welcome and IntroductionsPanel #1Panel #2, and Panel #3 from the Conference.

Reconciling Competition and Consumer Protection in Health Care

September 20, 2016
Loyola University Chicago School of Law
25 E. Pearson, Chicago, IL 60611
Corboy Law Center, Power Rodgers & Smith Ceremonial Courtroom 10th Floor

ScheduleTopic
9:00 AM

Welcome Remarks

William C. MacleodKelley Drye & Warren LLP, Washington, DC
Spencer Weber Waller, Loyola University Chicago School of Law, Chicago, IL

9:10 AM

Responding to Market Power in Health Care
This panel will examine antitrust, consumer protection, and regulatory responses to market power in
health care including specifically discussing conduct decrees, antitrust immunity statutes, COPAs, and
regulatory approaches such as adopted in Rhode Island. The speakers and commentator will address
legal, economic, and policy aspects of promoting consumer welfare in the face of persistent market
power in different segments of health care markets.

Moderator:
William C. MacleodKelley Drye & Warren LLP, Washington, DC

Speakers:
Thomas L. GreaneySaint Louis University School of Law, Saint Louis, MO
Antitrust and Regulatory Responses to Dominance in Health Care

Barak D. Richman, Duke University School of Law, Durham, NC
The Limits of, and Alternatives to, Antitrust in the Health Sector

Commentator:
Leigh L. Oliver, Hogan Lovells US LLP, Washington, DC

 10:20 AM

 Coffee Break

 10:40 AM

Regulating Competition in Health Care
This interdisciplinary panel including two JD/MD professors, a former chair of the Federal Trade
Commission, and a PhD economist discussing regulatory and competitive responses to specific health
law market failures. The first speakers will discuss efforts state legislatures and Attorneys Generals to
force PBMs to pay pharmacies more for generic drugs, in the name of promoting competition and
protecting consumers. The second speakers will address how the principal obstacle to effective
competition in health care is not that one or the other party has too much bargaining power, but that
they have been buying and selling the wrong things and that vigorous antitrust enforcement will
benefit health care consumers only if it accounts for the competitive distortions caused by the sector’s
long history of government regulation

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

Speakers:
David A. Hyman
, University of Illinois College of Law, Champaign, IL
William E. Kovacic, George Washington University Law School, Washington, DC
Competition Law and Pharmaceutical Pricing: Challenges and Opportunities
William M. SageSchool of Law and Dell Medical School, the University of Texas, Austin, TX
Getting Better Products from Health Care Corporations

Commentator:
Monica G. Noether
, Charles River Associates, Boston, MA

 Noon

Lunch Break Kasbeer Hall 15th Floor Corboy Law Center

Dr. Ezekiel J. Emanuel, Vice-Provost, University of Pennsylvania, Philadelphia, PA (Invited)

 1:15 PM

How Much of Health Care Antitrust is Really Antitrust?
This panel will address whether health care antitrust can be fairly characterized as the application of
general antitrust principles to specific health care markets and fact patterns or whether a de facto
separate set of rules and enforcement principles have evolved in response to the perceived special
needs of the health care community. The speaker and commentator will be followed by a brief panel
discussion of the speakers from the earlier panels reflecting on the themes common to all the panels
of the program.

Moderator:
Lawrence E. Singer, Loyola University Chicago School of Law, Chicago, IL

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

Commentators:
Roxane C. Busey
, Baker & McKenzie, Chicago, IL
Lawrence WU, NERA, San Francisco, CA

 2:30 PM

 Closing Remarks