Consumer Protection Law Commons^™

Is Europe Unfairly Attacking Another U.S. High Technology Company?, Robert H. Lande

All Faculty Scholarship

This short piece considers whether the EU antitrust action against Intel constitutes an example of European regulators attacking a successful US company in order to protect a European competitor, or whether it instead is an example of legitimate law enforcement.

Carl Ramey's Mass Media Unleashed, Henry Geller

Federal Communications Law Journal

Book Review: Carl R. Ramey, Mass Media Unleashed: How Washington Policy Makers Shortchanged the American Public (2007).

This superb book treats an important issue: the proper regulatory policy for broadcasting in the twenty-first century. In it, Carl Ramey critiques the Federal Communications Commission's public trustee and deregulatory market policies and suggests that to meet the dynamic market and technological changes of this new century we should, among other things, free commercial broadcasters completely from public trustee requirements and eliminate FCC enforcement of its ownership and related rules. Based on the long experience of a communications lawyer who knows so well …

Skating Toward Deregulation: Canadian Developments, Timothy J. Brennan

Federal Communications Law Journal

Canada had recently undertaken significant steps to forbear from regulating the last regulated offering in the telecommunications sector, local exchange service. Tests that Canada's telecommunications regulatory agency had imposed were overturned by order from the Canadian Cabinet Ministers. Notably, competitors to the incumbent local exchange carriers ("ILECs"), primary cable systems offering voice over Internet protocol ("VoW"') service, argued for the retention of regulation to prevent the ILECs from cutting price to customers who had switched to cable VoIP or were most likely to do so. We review here both the institutional developments leading to the forbearance decision and a number …

The Microsoft-Yahoo Merger: Yes, Privacy Is An Antitrust Concern, Robert H. Lande

All Faculty Scholarship

Privacy and antitrust? Isn't antitrust only supposed to be concerned with price? Well, no. Antitrust is actually about consumer choice, and price is only one type of choice. The ultimate purpose of the antitrust laws is to help ensure that the free market will bring to consumers everything they want from competition. This starts with competitive prices, of course, but consumers also want an optimal level of variety, innovation, quality, and other forms of non-price competition. Including, in the Google-Doubleclick and Microsoft-Yahoo transactions, privacy protection.

Panelists' Biographies/Roundtable Discussion

Loyola Consumer Law Review

No abstract provided.

The Role Of A Consumer Harm Test In Competition Policy, Adrian Majumdar

Loyola Consumer Law Review

No abstract provided.

The Monopolization/Abuse Offense, Spencer Weber Waller

Loyola Consumer Law Review

No abstract provided.

Transcript

Loyola Consumer Law Review

No abstract provided.

Plaintiffs' Attorneys Wince As Second Circuit Applies Tough Twombly Standard To Antitrust Suits, Thomas A. Mccann

Loyola Consumer Law Review

No abstract provided.

Antitrust Modernizaton Commission Delares Antitrust Need Not Be Modernized, But Does Suggest A Few Tweaks, Thomas A. Mccann

Loyola Consumer Law Review

No abstract provided.

Live Alienation: One Super-Promoter Eliminates Competition, Concert Fans Pay The Price, And The Sherman Act Waits In The Wings, 41 J. Marshall L. Rev. 527 (2008), Laura C. Howard

UIC Law Review

No abstract provided.

How Much Is Enough? Giving Fiduciaries And Participants Adequate Information About Plan Expenses, 41 J. Marshall L. Rev. 1005 (2008), Debra A. Davis

UIC Law Review

No abstract provided.

Rule 2019: The Debtor's New Weapon, 42 J. Marshall L. Rev. 165 (2008), Michael Demarino

UIC Law Review

No abstract provided.

Cartel Overcharges And Optimal Cartel Fines, John M. Connor, Robert H. Lande

All Faculty Scholarship

This Article examines whether the current penalties in the United States Sentencing Guidelines are set at the appropriate levels to deter illegal price fixing cartels optimally. The authors analyze two data sets to determine how high on average cartels raise prices. The first consists of every published scholarly economic study of the effects of cartels on prices in individual cases. The second consists of every final verdict in a U.S. antitrust case in which a neutral finder of fact reported collusive overcharges. They report average overcharges of 49% and 31% for the two data sets, and median overcharges of 25% …

The Role Of Monopolization And Abuse Of Dominance In Competition Law, Spencer Weber Waller

Loyola Consumer Law Review

No abstract provided.

Transcript

Loyola Consumer Law Review

No abstract provided.

Editors Note, Jeffrey M. Sussman

Loyola Consumer Law Review

No abstract provided.

Transcript

Loyola Consumer Law Review

No abstract provided.

Remedies - How Far And How Much, George Addy, Anita Banicevic

Loyola Consumer Law Review

No abstract provided.

Transcript

Loyola Consumer Law Review

No abstract provided.

Antitrust (Over-?) Confidence, Thomas A. Lambert, Joshua D. Wright

Loyola Consumer Law Review

No abstract provided.

Picking Over The Cfi Microsoft Judgment Of 17 September, 2007, Philip Marsden Dr.

Loyola Consumer Law Review

No abstract provided.

Justice Department's Section 2 Report Sparks A Heated Debate In The Antitrust Community, Dawn Goulet

Loyola Consumer Law Review

No abstract provided.

Innovation And Corporate Governance: The Impact Of Sarbanes-Oxley, Houman B. Shadab

Articles & Chapters

No abstract provided.

The Next Frontier For Network Neutrality, Philip J. Weiser

Publications

The challenge for policymakers evaluating calls to institute some form of network neutrality regulation is to bring reasoned analysis to bear on a topic that continues to generate more heat than light and that many telecommunications companies appear to believe will just fade away. Over the fall of 2007, the hopes of broadband providers that broadband networks could escape any form of regulatory oversight were dealt a blow when it was revealed that Comcast had degraded the experience of some users of Bittorent (a peer-to-peer application) and engaged in an undisclosed form of network management. This incident, as well as …

The Chicago School's Foundation Is Flawed: Antitrust Protects Consumers, John B. Kirkwood, Robert H. Lande

All Faculty Scholarship

Chicago School antitrust policy rests on the premise that the purpose of the antitrust laws is to promote economic efficiency. That foundation is flawed. The fundamental goal of antitrust law is to protect consumers.

This essay defines the relevant economic concepts, summarizes the legislative histories, and analyzes recent case law. All these factors indicate that the ultimate goal of antitrust is not to increase the total wealth of society, but to protect consumers from behavior that deprives them of the benefits of competition and transfers their wealth to firms with market power. When conduct presents a conflict between the welfare …

Intel's Alleged Schemes Affected U.S. Consumers, Robert H. Lande

All Faculty Scholarship

This short piece explains how the first unit discounts or rebates allegedly given by Intel on their X86 chips could harm competition, innovation, and PC purchasers in this crucial $33 billion/year market. For these reasons, their discounts or rebates could violate European Competition law and U.S. Antitrust law.

Does Video Delivered Over A Telephone Network Require A Cable Franchise?, Robert W. Crandall, J. Gregory Sidak, Hal J. Singer

Federal Communications Law Journal

This Article examines whether, on legal or policy grounds, video services provided over a telephone network should be regulated as a traditional cable service or whether a different approach is warranted. The Authors find that municipal franchise requirements for video services provided over telephone networks would reduce consumer welfare. The Authors estimate that, even without considering any welfare gains owing to higher quality, the consumer welfare gains from entry exceed the potential loss in franchise fee revenue to municipalities by a factor of nearly three to one.

A Tale Of Two Marks, And Other Antitrust Concerns, Pamela Jone Harbour

Loyola Consumer Law Review

No abstract provided.

The Pension Protection Act Of 2006: An Overview Of Sweeping Changes In The Law Governing Retirement Plans, 40 J. Marshall L. Rev. 843 (2007), Craig C. Martin, Joshua Rafsky

UIC Law Review

No abstract provided.