Monday, June 21, 2010
Posted by Spencer Waller
Programs and scholarly publications are at the heart of the Institute’s mission since its creation in 1994. In the first five years, the Institute hosted major conferences on Antitrust and Health Care as well as Antitrust and the New Millennium with selected papers published in the Loyola Consumer Law Reporter (now known as the Loyola Consumer Law Review). Beginning in 2001, it became my goal to ensure that the Institute continued to host meaningful programs on a more regular basis. Over the years these included energy deregulation, competition, and consumer protection; the future of private rights of action; and the twentieth anniversary of the Matsushita decision. All programs became special symposium issues in either the Loyola Consumer Law Review or the Loyola University Chicago Law Journal.
I also began the annual Loyola Antitrust Colloquium which just celebrated its tenth anniversary. I had hoped that the colloquium would serve as a vehicle for both junior and senior scholars to present cutting edge works in progress which challenge prevailing paradigms in the antitrust and consumer law fields. Over time, a format evolved where four papers were presented at each colloquium with assigned commentators from both practice and academia for each paper and then vigorous discussion from the full group in attendance. Since 2001, the colloquium has evolved from a rather small gathering in a classroom in the old room of the law school to an annual group of over one hundred professors, practitioners, policy makers, and members of the judiciary in the gorgeous ceremonial court room in the new law center building. This past spring, the 10th annual colloquium featured new works in progress on merger litigation, behavioral economics, and an afternoon discussion and preview of the forthcoming book by Andrew Gavil and Harry First, Microsoft and the Globalization of Antitrust Law: Competition Policy for the Twenty-First Century (MIT Press 2010). The full program are available at http://www.luc.edu/law/academics/special/center/antitrust/events.html.
The 2009-2010 academic year produced a bumper crop of programs and publications to coincide with the fifteenth anniversary of the Institute. With the help of fabulous partners, we were able to host or co-sponsor four different conferences around the world and in Chicago in addition to the annual colloquium.
We began the celebration in April 2009 with Antitrust Marathon III: Antitrust and the Rule of Law. Our co-sponsors were the Competition Law Forum of the British Institute of International and Comparative Law and the British Consulate of Boston which graciously hosted the roundtable discussion at the consulate and the reception the night before at the home of the British consul-general. Like all the programs in the Antitrust Marathon series, these roundtable discussions featured leading practitioners and scholars from the US, the UK, the EU, and other jurisdictions to discuss the enduring topics of competition policy from a comparative perspective. This lively discussion centered on both the substantive and procedural aspects of the rule of law in competition investigations and litigation. The papers and edited transcript of the discussion were published at 22 Loy. Con. L. Rev. 1 (2010).
In May 2009, we cosponsored a conference on Issues at the Forefront of Monopolization and Abuse of Dominance with (and at) the Faculty of Law at Haifa University. This conference featured two intensive days of papers and discussions at the beautiful Haifa campus high atop Mount Carmel. The papers from this conference will be published within the next two weeks in a special symposium issue of the Antitrust Law Journal and will be available through the ABA Antitrust Section web site.
In September 2009 the Institute partnered with the ABA Section of Antitrust Law to present a conference on Designing Better Institutions to Enforce Competition Law. The program examined the different institutional frameworks for implementing competition law and policy which can be of even greater significance than the substance of the rules themselves. The program sought to remedy the currect situation where the discussion of the institutions of antitrust and competition policy has been far less robust than the discussion of the liability rules and other topics in the competition law field. This conference approached this critical issue from a comparative perspective, drawing on the wisdom of key enforcers, observers, and participants from the principal competition jurisdictions from around the world including the United States, the European Union, Canada, Japan, and Australia. Selected papers and comments from the conference were published in 41 Loy. U. Chi. L. J. 411 (2010) which is available on the Institute web site.
Finally we ended the formal celebration of our 15th anniversary with Antitrust Marathon IV: With Authority cosponsored by the Irish Competition Authority and (as always) the British Institute of International and Comparative. Antitrust Marathon IV focused on questions of institutional design and the relationship of competition policy to other regulatory schemes. The papers and discussion dealt with how to integrate competition and consumer protection; concurrent jurisdiction with sectoral regulators; competition concerns in the current financial crisis; and judicial, administrative, and mixed systems of enforcement. The full issue papers and edited transcript of the discussion from the October 2009 session are published in 6 Eur. Comp. J. 1 (2010) and available on the Institute web site.
Electronic copies of the papers and transcripts of all Institute programs are available on the institute web site and limited numbers of hard copy versions are available upon request. Copies of the papers presented at the annual antitrust colloquia are available from ssrn.com, the authors, and the journals where these papers are eventually published.
Plans are in process for future symposia in both Chicago and abroad that deal with the role of brands in antitrust analysis and we plan to continue and expand the annual Loyola Antitrust Colloquium. Thanks again to Danny and Shubha for allowing me to get the word out about the Institute. If they let me back on the blog, I plan to wrap up my guest blogging with some thoughts about my own personal scholarly agenda.