Venable Professor of Law
M.P.P. and J.D., Harvard University, 1978
B.A., Northwestern University, 1974
Areas of Expertise
Law & Economics
Professor Lande joined the faculty in 1987 after working at Jones Day; before that he worked at the Federal Trade Commission. He has authored or co-authored 42 law review articles, one book, 3 book chapters, 20 foreign publications, and 61 other publications, including articles in the California Law Review, Journal of Law & Economics, Duke Law Journal, Notre Dame Law Review, and the Georgetown Law Journal. Eleven of his articles have been re-published, condensed or excerpted in substantial part in books or collections of articles. His Hastings Law Journal article has had this happen 7 times. His publications have been the winner or co-winner of the Antitrust Writing Award for best 2013 academic article on private enforcement given by Concurrences and George Washington University; of the $8,000 Cohen Foundation Award for best Antitrust & Trade Regulation scholarship published during 2012; of the $8,000 Cohen Foundation Award for best Antitrust & Trade Regulation scholarship published during 2007; and the Federal Trade Commission's annual award for best trade regulation scholarship by an employee during 1997. He was named the Venable Professor of Law, the law school's first Chair, in 1998.
Lande has been quoted in the media hundreds of times about antitrust issues and has appeared on TV in the United States, France, the United Kingdom and China. He has spoken at national events sponsored by many organizations, including the American Bar Association, Association of American Law Schools, National Association of Attorneys General, American Antitrust Institute, American Economic Association, LEAR (Rome), Nihon University Law School (Japan), and INCECOPI (Peru). He has testified before the U.S. House of Representatives Judiciary Committee and the U.S. Senate Commerce Committee. He has given competition advice to enforcement officials from a number of foreign nations. He is a co-founder and a Director of the American Antitrust Institute, a past chair of the AALS Antitrust Section, and has held many positions in the ABA Antitrust Section. He is an elected member of the American Law Institute and a member of the District of Columbia Bar.
Books and Book Chapters
Torts: Theory and Practice 4th ed. (with Joseph W. Little and Lyrissa Barnett Lidsky), (2014).
MediaJustice Department Launches Antitrust Lawsuit Against Google
Articles and Essays“Preventing The Curse of Bigness Through Conglomerate Merger Legislation,” forthcoming in the Arizona State L. J. 2020 (co-authored with Sandeep Vaheesan)
“The U.S. Needs Conglomerate Merger Legislation” Take Care Blog, January 1, 2019, republished in CLS Blue Sky Blog, January 2019
“The Merger Incipiency Doctrine and the Importance of ‘Redundant’ Competitors,” 2018 Wisconsin L. Rev. 783 (2018) (co-authored with Peter C. Carstensen) (winner of the 2019 Antitrust Writing Award in the category of Best 2018 Horizontal Merger Article, given by the Cohen Foundation)
“Class Warfare: Why Antitrust Class Actions Are Essential For Compensation and Deterrence,” Antitrust, Vol. 30, No. 2, Spring 2016, at 81
"Not Treble Damages: Cartel Recoveries Are Mostly Less Than Single Damages," 100 Iowa L. Rev. 1997 (2015) (co-authored with Dr. John M. Connor).
DOJ has the Power to Crush Price-Fixers, column in USA Today Weekend, May 29-31, 2015, page 11A. Co-authored with Judge Douglas Ginsburg, Commissioner Joshua Wright, and Alber Foer.
Should Section 5 Guidelines Focus on Economic Efficiency or Consumer Choice?, 5 CPI Antitrust Chron. 1 (May 2014).
The Proposed Damages Directive: The Real Lessons From the United States, 4 CPI Antitrust Chron. 2 (March 2014).
The Proposed Damages Legislation: Don't Believe The Critics, 5 J. Eur. Competition L. & Prac. 123 (2014).
Should The Internet Exempt The Media Sector From The Antitrust Laws? 65 Fla. L. Rev. 1521 (2013). (with Thomas J. Horton).
Defying Conventional Wisdom: The Case For Private Antitrust Enforcement, 48 Ga. L. Rev. 1 (2013) (with Joshua P. Davis). (winner of the 2014 Antitrust Writing Award in the category of Best Academic Private Enforcement Article, given by Concurrences and George Washington University).
A Traditional and Textualist Analysis of the Goals of Antitrust: Efficiency, Preventing Theft From Consumers, and Consumer Choice, 81 Fordham L. Rev. 2349 (2013).
Toward an Empirical and Theoretical Assessment of Private Antitrust Enforcement, 36 Seattle U. L. Rev. 1269 (2013) (with Joshua P. Davis).
The Extraordinary Deterrence of Private Antitrust Enforcement: A Reply to Werden, Hammond, and Barnett, 58 Antitrust Bull. 173 (2013) (with Joshua P. Davis).
"Cartels as Rational Business Strategy: Crime Pays," 34 Cardozo L. Rev. 427 (2012) (co-authored) (co-winner of the Cohen Award for best Antitrust, Trade Regulation, & Consumer Protection scholarship for 2012)
The Fundamental Goal of Antitrust: Protecting Consumers, Not Increasing Efficiency, 84 Notre Dame L. Rev. 191 (2008)(co-authored)
Using the 'Consumer Choice' Approach to Antitrust Law, 74 Antitrust L. J. 175 (2007) (co-authored) (co-winner of Cohen Award for best Antitrust, Trade Regulation, & Consumer Protection scholarship for 2007)
How High Do Cartels Raise Prices? Implications for Optimal Cartel Fines, 80 Tul. L. Rev. 513 (2005) (co-authored with Dr. John Connor) (runner-up for Cohen Award for best Antitrust, Trade Regulation, & Consumer Protection scholarship for 2006)
The Three Types of Collusion: Fixing Prices, Rivals, and Rules, 2000 Wisc. L. Rev. 941 (2000) (co-authored) (condensed twice in other journals)
Consumer Sovereignty: A Unified Theory of Antitrust and Consumer Protection Law (co-author), 65 Antitrust L.J. 713 (1997) (won FTC annual award for best trade regulation scholarship)
Are Antitrust 'Treble' Damages Really Single Damages?, 54 Ohio St. L.J. 115 (1993) (substantial portions have been reprinted three times)
A Law & Economics Perspective on a 'Traditional' Torts Case: Insights for Classroom and Courtroom, 57 Missouri L. Rev. 399 (1992)
Price Effects of Horizontal Mergers (co-author), 77 Cal. L. Rev. 777 (1989) (reprinted two times)
Wealth Transfers as the Original and Primary Concern of Antitrust: The Efficiency Interpretation Challenged, 34 Hastings L.J. 65 (1982) (substantial portions have been reprinted six times)