Antitrust and Consumer Protection

Consumer welfare is the common concern of the antitrust laws, the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), the Texas Insurance Code (TIC), and various other statutes prohibiting fraudulent conduct in dealing with consumers. Antitrust laws, however, primarily address the misuse of market power to harm consumers, while anti-deception statutes focus on consumer harm brought about through deception and a litany of other unlawful practices. The antitrust laws and the anti-fraud statutory schemes therefore are best viewed as focusing on complementary aspects of consumer welfare. This article covers significant developments under federal and Texas antitrust laws and consumer protection laws (including the DTPA and its various tie-ins like the Texas Insurance Code) during the Survey period, December 1, 2017, through November 31, 2018

Antitrust and Consumer Protection

Consumer welfare is the common concern of antitrust laws and the Texas Deceptive Trade Practices—Consumer Protection Act (DTPA). Antitrust, however, is primarily addressed to the misuse of market power to harm consumers, while the DTPA focuses on consumer harm brought about through deception.2 Antitrust laws and the DTPA, therefore, are best viewed as focusing on complementary aspects of consumer welfare. This article covers significant developments under the federal and Texas antitrust laws and the DTPA during the Survey period—December 1, 2015 through November 30, 2016