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36 Loy. U. Chi. L.J. 631 (2004-2005)
In Search of Economic Justice: Considering Competition and Consumer Protection Law

handle is hein.journals/luclj36 and id is 645 raw text is: In Search of Economic Justice: Considering
Competition and Consumer Protection Law
Spencer Weber Waller*
INTRODUCTION
In November 2003, I was invited to address the first summit
conference of European competition and consumer protection officials
held by the Directorate-General for Competition of the European
Commission at their headquarters in Brussels. At that conference,
officials gathered from the twenty-five nations that already were
member states of the European Union (EU) or that would become
member states as of May 1, 2004. These officials spent the better part
of a day discussing the interactions and synergies between competition
and consumer protection law. The goal was to create and deepen
enforcement networks among the member states and between the
member states and the EU officials in Brussels and to explore the
possibilities for greater convergence between two bodies of law with
very different histories and enforcement traditions.1
I was to be the lunch speaker for this august group--an American
professor who cared deeply about both bodies of law--discussing how
the two bodies of law related to each other. This task proved to be
particularly complicated, both theoretically and in terms of how the
laws are actually enforced, and it forced me to reflect long and hard
about some items of faith that I had simply taken for granted.
My thesis, then and now, is a simple one. Competition and consumer
protection laws are intimately related, two sides of the same coin of
consumer   sovereignty  and  hence   economic justice.     Perhaps
surprisingly, this relationship is only beginning to be recognized by
academics and policy makers, and the way it all actually works in the
* Professor of Law and Director of the Institute for Consumer Antitrust Studies, Loyola
University Chicago School of Law. This essay is an expanded version of remarks delivered at the
first summit conference of European competition and consumer protection officials, DG Comp,
European Commission, Brussels, November 19, 2003.
1. Meeting of Directors General for Competition, Draft Agenda (Nov. 19, 2003) (on file with
author).

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