Conference Announcement
Brands, Competition, and the Law

An Interdisciplinary Conference Sponsored by the Institute for Consumer Antitrust Studies, Loyola University Chicago School of Law, and the Centre for Law, Economics and Society (CLES) at University College London.

October 19, 2012, Loyola University Chicago School of Law, 10th Floor Powers Rogers & Smith Ceremonial Courtroom, 25 E. Pearson, Chicago, IL 60611

This program has been approved for 5.0 Hours of Illinois Continuing Legal Education Credit

To register visit:

OVERVIEW: Brands matter. In modern times, brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Coca-Cola, Nike, Google, Disney, Apple, Microsoft, BMW, Marlboro, IBM, Kellogg's, Louis-Vuitton, and Virgin are all large companies, but they are also brands that present powerful, valuable tools for business. Business is fully aware of that power and value.

Contrary to the law's conception of trademarks, brands are used to indicate far more than source and/or quality. Indeed those functions are far down on the list of what most businesses want for their brands. Brands allow businesses to reach consumers directly with messages regarding emotion, identity, and self-worth such that consumers are no longer buying a product but buying a brand. Businesses pursue that strategy to move beyond price, product, place, and position and create the idea that a consumer should buy a branded good or service at a higher price than the consumer might otherwise pay.

Branding explicitly contemplates reducing or eliminating price competition as the brand personality cannot be duplicated. In addition, this practice can be understood as a product differentiation tactic which allows a branded good to turn a commodity into a special category that sees higher margins compared to the others in that market space. In other words, brands have important effects on competition and the marketplace.

The aim of this conference is to reflect on the legal, business, and economic understanding of brands by explaining what brands are, how they function, and the role brands play in business competition. The conference will also delve into specific issues raised by branding in the 21st century business competition, such as the challenges raised by online business and the increasing role of private labels in distribution.

- Deven Desai, Associate Professor, Thomas Jefferson Law School
- Kirsten Edwards-Warren, Director of Economics, Office of Fair Trading, UK
- Phil Evans, FIPRA International
- Warren Grimes, Professor, Southwestern Law School
- Greg Gundlach, Distinguished Professor of Marketing, University of North Florida Business School
- James Langenfeld, Navigent Consulting
- Ioannis Lianos, Reader in Competition Law and Economics, University Colege London
- Deborah Majorus, General Counsel, Proctor & Gamble
- Mark McKenna, Professor Law, Notre Dame Law School
- John D. Mittelstaedt, Chair, Department of Management and Marketing, University of Wyoming College of Business
- John Noble, Director, British Brands Group
- Barak Orbach, Professor Law, University of Arizona James E. Rodgeres College of Law
- Joan Phillips, Professor, Quinlan School of Business and Director of Integrated Marketing Program, Loyola University Chicago
- Matthew Sag, Associate Professor and Associate Director, Institute for Consumer Antitrust Studies, Loyola University Chicago School of Law
- Eliot Schreiber, COO Cloverleaf Innovation
- Spencer Weber Waller, Professor and Director, Institute for Consumer Antitrust Studies, Loyola University Chicago School of Law


9:00 Registration and Continental Breakfast

9:30 Welcome- Spencer Weber Waller, Loyola University Chicago

9:40 Brands and Price Theory
Chair, Ioannis Lianos, UCL
Brands and EU Competition Law: More Sword Than Shield
James Langenfeld, Navigent Consulting
Kirsten Edwards-Warren, Office of Fair Trading, UK
Phil Evans, FIPRA International

11:00 Coffee Break

11:15 Brands and Business Theory
Chair, Joan Phillips, Quinlan School of Business, Loyola University Chicago
John Noble, BBG
Individuals, Markets and Business Competitiveness
Greg Gundlach, UNF
A Marketing Perspective on Brands in Antitrust
Eliot Schreiber, Cloverleaf Innovation, Commentator

12:30 Buffet Lunch

1:00 Brands and Competition Law
Chair, Spencer Weber Waller, Loyola University Chicago School of Law
Antitrust's Brand Blindness
Deborah Majorus, Proctor & Gamble
Barak Orbach, Arizona
Branding Preferences and Antitrust Premises
Warren Grimes, Southwestern
The Paradox of Brand Selling: Weighing Procompetitive and Anticompetitive Effects

2:30 Brands and IP Law
Chair, Matthew Sag, Loyola University Chicago School of Law
Deven Desai, Thomas Jefferson Law School
Networks, Information, and Brands
Mark McKenna, Notre Dame Law School
Brand Mercantilism
John D. Mittelstaedt, University of Wyoming
Trademark Dilution and the Management of Brands

3:45 Closing Remarks and Reception


For Those Seeking Illinois Continuing Legal Education Credit:
- Free: Current LUC Faculty, Staff, Students, and Members of the Institute Advisory Board
- $75: Government and Public Interest Attorneys
- $130: Loyola University Chicago School of Law Alumni
- $155: All Others

Attendance without ICLE Credit:
- Free: LUC Students, Staff, Professors, and Members of the Institute Advisory Board
- $50: All Others

REGISTRATION: To register please go to:

FURTHER INFORMATION: For additional information please contact Professor Spencer Waller at or Ms. Chris Nemes at

Posted 9/5/12