front cover of Antitrust Law in the New Economy
Antitrust Law in the New Economy
Google, Yelp, LIBOR, and the Control of Information
Mark R. Patterson
Harvard University Press, 2017

Markets run on information. Buyers make decisions by relying on their knowledge of the products available, and sellers decide what to produce based on their understanding of what buyers want. But the distribution of market information has changed, as consumers increasingly turn to sources that act as intermediaries for information—companies like Yelp and Google. Antitrust Law in the New Economy considers a wide range of problems that arise around one aspect of information in the marketplace: its quality.

Sellers now have the ability and motivation to distort the truth about their products when they make data available to intermediaries. And intermediaries, in turn, have their own incentives to skew the facts they provide to buyers, both to benefit advertisers and to gain advantages over their competition. Consumer protection law is poorly suited for these problems in the information economy. Antitrust law, designed to regulate powerful firms and prevent collusion among producers, is a better choice. But the current application of antitrust law pays little attention to information quality.

Mark Patterson discusses a range of ways in which data can be manipulated for competitive advantage and exploitation of consumers (as happened in the LIBOR scandal), and he considers novel issues like “confusopoly” and sellers’ use of consumers’ personal information in direct selling. Antitrust law can and should be adapted for the information economy, Patterson argues, and he shows how courts can apply antitrust to address today’s problems.

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Buying Power
A History of Consumer Activism in America
Lawrence B. Glickman
University of Chicago Press, 2009

A definitive history of consumer activism, Buying Power traces the lineage of this political tradition back to our nation’s founding, revealing that Americans used purchasing power to support causes and punish enemies long before the word boycott even entered our lexicon. Taking the Boston Tea Party as his starting point, Lawrence Glickman argues that the rejection of British imports by revolutionary patriots inaugurated a continuous series of consumer boycotts, campaigns for safe and ethical consumption, and efforts to make goods more broadly accessible. He explores abolitionist-led efforts to eschew slave-made goods, African American consumer campaigns against Jim Crow, a 1930s refusal of silk from fascist Japan, and emerging contemporary movements like slow food. Uncovering previously unknown episodes and analyzing famous events from a fresh perspective, Glickman illuminates moments when consumer activism intersected with political and civil rights movements. He also sheds new light on activists’ relationship with the consumer movement, which gave rise to lobbies like the National Consumers League and Consumers Union as well as ill-fated legislation to create a federal Consumer Protection Agency.

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Consumer Attitudes Toward Data Breach Notifications and Loss of Personal Information
Lillian Ablon
RAND Corporation, 2016
Although spending on cybersecurity continues to grow, companies, government agencies, and nonprofit organizations are still being breached, and sensitive personal, financial, and health information is still being compromised. This report sets out the results of a study of consumer attitudes toward data breaches, notifications that a breach has occurred, and company responses to such events.
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Democracy Declined
The Failed Politics of Consumer Financial Protection
Mallory E. SoRelle
University of Chicago Press, 2020
As Elizabeth Warren memorably wrote, “It is impossible to buy a toaster that has a one-in-five chance of bursting into flames and burning down your house. But it is possible to refinance an existing home with a mortgage that has the same one-in-five chance of putting the family out on the street.” More than a century after the government embraced credit to fuel the American economy, consumer financial protections in the increasingly complex financial system still place the onus on individuals to sift through fine print for assurance that they are not vulnerable to predatory lending and other pitfalls of consumer financing and growing debt.
In Democracy Declined, Mallory E. SoRelle argues that the failure of federal policy makers to curb risky practices can be explained by the evolution of consumer finance policies aimed at encouraging easy credit in part by foregoing more stringent regulation. Furthermore, SoRelle explains how angry borrowers’ experiences with these policies teach them to focus their attention primarily on banks and lenders instead of demanding that lawmakers address predatory behavior. As a result, advocacy groups have been mostly unsuccessful in mobilizing borrowers in support of stronger consumer financial protections. The absence of safeguards on consumer financing is particularly dangerous because the consequences extend well beyond harm to individuals—they threaten the stability of entire economies. SoRelle identifies pathways to mitigate these potentially disastrous consequences through greater public participation.
 
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Learning about Risk
Consumer and Worker Responses to Hazard Information
W. Kip Viscusi and Wesley A. Magat
Harvard University Press, 1987

How do people decide whether or not to take chances with their health and safety? Do they pay attention to warnings about hazardous products used at home or on the job? What is the best way to present this information? These questions are becoming increasingly important as direct government regulation is replaced by programs to educate workers and consumers about risk. Information itself is becoming a regulatory device, but until now little has been known about its use and effectiveness.

Learning about Risk offers important new evidence on how people process information about risk and how they make choices under uncertainty. Drawing on work in a variety of disciplines—economics, decision science, marketing, and psychology—as well as on extensive original survey data, the authors take a close look at one type of risk information: the labeling of hazardous products and chemicals. They use the word labeling to mean all the tangible ways in which information is transmitted, including not merely warnings on bottles and cans but also leaflets and brochures, signs in the workplace, and store displays. The authors surveyed hundreds of consumers and chemical workers to explore a range of issues—the accuracy and appropriateness of people's risk assessments, the types of precautions they take, the values they attach to these measures, the wages they expect for performing risky jobs, and the relationship between the precaution taken and the content, wording, and format of the warning.

Overall, the authors show that information policies are a promising approach to controlling risks in the marketplace and on the job. Their findings will be of interest to government officials, policy analysts, economists, psychologists, and managers concerned professionally with the labeling of hazardous products.

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Outbreak
Foodborne Illness and the Struggle for Food Safety
Timothy D. Lytton
University of Chicago Press, 2019
Foodborne illness is a big problem. Wash those chicken breasts, and you’re likely to spread Salmonella to your countertops, kitchen towels, and other foods nearby. Even salad greens can become biohazards when toxic strains of E. coli inhabit the water used to irrigate crops. All told, contaminated food causes 48 million illnesses, 128,000 hospitalizations, and 3,000 deaths each year in the United States.
           
With Outbreak, Timothy D. Lytton provides an up-to-date history and analysis of the US food safety system. He pays particular attention to important but frequently overlooked elements of the system, including private audits and liability insurance.

Lytton chronicles efforts dating back to the 1800s to combat widespread contamination by pathogens such as E. coli and salmonella that have become frighteningly familiar to consumers. Over time, deadly foodborne illness outbreaks caused by infected milk, poison hamburgers, and tainted spinach have spurred steady scientific and technological advances in food safety. Nevertheless, problems persist. Inadequate agency budgets restrict the reach of government regulation. Pressure from consumers to keep prices down constrains industry investments in safety. The limits of scientific knowledge leave experts unable to assess policies’ effectiveness and whether measures designed to reduce contamination have actually improved public health. Outbreak offers practical reforms that will strengthen the food safety system’s capacity to learn from its mistakes and identify cost-effective food safety efforts capable of producing measurable public health benefits.
 
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Protecting American Health Care Consumers
Eleanor DeArman Kinney
Duke University Press, 2002
Despite the attention to the problem of protecting the health care interests of Americans, there is little consensus on what should be done politically or otherwise to address this problem. In Protecting American Health Care Consumers Eleanor DeArman Kinney, a nationally regarded expert on health policy and law, tackles the serious and ongoing debate among state and federal policymakers, health care providers, third-party payers, and consumers about how to provide procedural justice to patients in the present health care climate.
To promote and ensure consumer protection in an increasingly adversarial and complicated health-care culture, Kinney first analyzes the procedures by which consumer concerns are presently discerned and resolved and then explains why these systems are unsatisfactory. She also discusses problematic procedures for making coverage policy and quality standards and proposes reforms in a variety of processes that would enable all consumers, including the uninsured, to influence key policies and standards and also to raise concerns and obtain appropriate remedies.
As the first comprehensive treatment of administrative procedures in American health plans and other such institutions, Protecting American Health Care Consumers will be welcomed by state and federal policymakers, managed care executives, and lawyers charged with designing and implementing protections for consumers in public and private health plans.
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The Rise of the Right to Know
Politics and the Culture of Transparency, 1945–1975
Michael Schudson
Harvard University Press, 2015

The American founders did not endorse a citizen’s right to know. More openness in government, more frankness in a doctor’s communication with patients, more disclosure in a food manufacturer’s package labeling, and more public notice of actions that might damage the environment emerged in our own time.

As Michael Schudson shows in The Rise of the Right to Know, modern transparency dates to the 1950s, 1960s, and 1970s—well before the Internet—as reform-oriented politicians, journalists, watchdog groups, and social movements won new leverage. At the same time, the rapid growth of higher education after 1945, together with its expansive ethos of inquiry and criticism, fostered both insight and oversight as public values.

“One of the many strengths of The Rise of the Right To Know is its insistent emphasis on culture and its interaction with law…What Schudson shows is that enforceable access to official information creates a momentum towards a better use of what is disclosed and a refinement of how disclosure is best done.”
—George Brock, Times Literary Supplement

“This book is a reminder that the right to know is not an automatic right. It was hard-won, and fought for by many unknown political soldiers.”
—Monica Horten, LSE Review of Books

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Strength in Numbers
The Political Power of Weak Interests
Gunnar Trumbull
Harvard University Press, 2012

Many consumers feel powerless in the face of big industry’s interests. And the dominant view of economic regulators (influenced by Mancur Olson’s book The Logic of Collective Action, published in 1965) agrees with them. According to this view, diffuse interests like those of consumers are too difficult to organize and too weak to influence public policy, which is determined by the concentrated interests of industrial-strength players. Gunnar Trumbull makes the case that this view represents a misreading of both the historical record and the core logic of interest representation. Weak interests, he reveals, quite often emerge the victors in policy battles.

Based on a cross-national set of empirical case studies focused on the consumer, retail, credit, pharmaceutical, and agricultural sectors, Strength in Numbers develops an alternative model of interest representation. The central challenge in influencing public policy, Trumbull argues, is not organization but legitimation. How do diffuse consumer groups convince legislators that their aims are more legitimate than industry’s? By forging unlikely alliances among the main actors in the process: activists, industry, and regulators. Trumbull explains how these “legitimacy coalitions” form around narratives that tie their agenda to a broader public interest, such as expanded access to goods or protection against harm. Successful legitimizing tactics explain why industry has been less powerful than is commonly thought in shaping agricultural policy in Europe and pharmaceutical policy in the United States. In both instances, weak interests carried the day.

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Trading Up
Consumer and Environmental Regulation in a Global Economy
David Vogel
Harvard University Press, 1995

Health, safety, and environmental regulations have been traditionally perceived as distinct entities from trade policy, yet today they have become intertwined on a global scale. In this pioneering work, David Vogel integrates environmental, consumer, and trade policy, and explicitly challenges the conventional wisdom that trade liberalization and agreements to promote free trade invariably undermine national health, safety, and environmental standards. Vogel demonstrates that liberal trade policies often produce precisely the opposite effect: that of strengthening regulatory standards.

The most comprehensive account of trade and regulation on a global scale, this book analyzes the regulatory dimensions of all major international and regional trade agreements and treaties, including GATT, NAFTA, the Free Trade Agreement between Canada and the United States, and the treaties that created the European Community and Union. He explores in depth some of the most important trade and regulatory conflicts, including the GATT tuna-dolphin dispute, the EC's beef hormone ban, the Danish bottle case, and the debate in the United States over the regulatory implications of both NAFTA and GATT.

This timely book unravels the increasingly important and contentious relationship between trade and environmental, health, and safety standards, paying particular attention to the politics that underlie trade and regulatory linkages. Trading Up is essential reading for the business community, policymakers, environmentalists, consumer interest groups, political scientists, lawyers, and economists.

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Urban Open Space
Designing For User Needs
Mark Francis; Landscape Architecture Foundation
Island Press, 2003

Research has shown that successful public spaces are ones that are responsive to the needs of their users, are democratic in their accessibility, and are meaningful for the larger community and society. While considerable research has been done on needs and conflicts in open space, no one document integrates all this knowledge and makes it available to professionals, students, and researchers.

Based on archival research; published case studies; site visits; and interviews with researchers, open space designers, managers, and users, Urban Open Space looks across several seminal studies to glean significant findings and design implications related to user needs and conflicts. It reviews and identifies those critical user needs that must be considered in the planning, design, and management of outdoor spaces, and synthesizes that knowledge into an accessible and useful document.


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