Loyola University Chicago School of Law

Theodore L. Banks

Scharf Banks Marmor (Chicago), Compliance & Competition Consultants (Chicago), Loyola University Chicago School of Law
Partner / President / Adjunct Professor

At Scharf Banks Marmor, Theodore Banks concentrates his practice on antitrust, compliance, food law, and other corporate matters. Mr. Banks has extensive experience with corporate litigation, including responsibility for contested mergers, environmental contamination, advertising, insurance coverage, products liability, employment law, consumer protection, and packaging and recycling. He has a national reputation for work in corporate compliance and antitrust, and was an early proponent of corporate opt-out suits as plaintiff in antitrust litigation, such as Vitamin, Carbon Dioxide, Corrugated Container, Folding Carton, and Citric Acid Antitrust Litigation, recovering more than $100 million. Through his experience in all aspects of the food industry, Mr. Banks has deep familiarity with the regulatory frameworks and state and federal laws governing food manufacture, distribution, sales, and safety. He has successfully managed business and legal challenges over the course of a 35-year career, including at Kraft Foods, where he was Chief Counsel - Global Compliance after serving as Associate General Counsel with responsibility for antitrust, general litigation, corporate transactions, sales, legal computer applications and public policy coordination. Theodore Banks is also president of Compliance and Competition Consultants, where he is a leading authority on corporate compliance programs and antitrust law. Mr. Banks received a B.A. from Beloit College in 1972. He graduated from the University of Denver College of Law in 1975, where he was Editor-in-Chief of the Denver Journal of International Law & Policy. Mr. Banks is also an adjunct professor at Loyola University Law School, teaching corporate compliance.

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Loyola University Chicago School of Law


1520 Bulletin

Theodore L. Banks A US District Court reminds that special packaging is considered as promotional service covered by the Robinson-Patman Act (Woodman’s Food Market / Clorox)


So Maybe the Robinson-Patman Act Isn’t Dead After All* Woodman’s Food Market is a chain of warehouse-style grocery stores in Wisconsin. As such, its sales strategy was similar to that employed by Costco and Sam’s Club : the ability to purchase groceries at lower prices by purchasing in large size (...)

Theodore L. Banks The US Court of Appeals for the 8th Circuit upholds a lower court’s finding that the FTC failed to show the relevant market in a case concerning the acquisition of two drugs treating a similar heart defect (Lundbeck)


What Is a Relevant Market Anyhow ?* The Eight Circuit, in FTC v. Lundbeck, Inc., No. 10-3458/3459 (Aug. 19, 2011), upheld the district court’s finding that the FTC failed to show a relevant market, and thus was unable to challenge the acquisition of the drug NeoProfen. It already owned a drug (...)

Theodore L. Banks A US District Court rules against plaintiffs in the auto parts industry holding that they failed to prove specific facts under Robinson-Patman Act’s price discrimination provision (Coalition for a Level Playing Field, Autozone)


Is it Possible to Plead a Robinson-Patman Act Case at All ?* The recent decision in Coalition for a Level Playing Field, LLC v. Autozone, Inc., 2010-2 Trade Cas. ¶ 77,182 (S.D.N.Y. Sept. 16, 2010) was a bit surprising to me. The essence of the case was that a group of smaller purchasers of (...)

2301 Revue

Ahmet Buğra Aydın, Akira Inoue, Amanda Bodger, Arti Raghavan, Bilal Shaukat, Bill Batchelor, Chang-Sik Hwang, David Tadmor, Douwe Groenevelt, Farhad Sorabjee, Gillian Sproul, Gönenç Gürkaynak, Gustavo Flausino Coelho, Jean-Maxime Blutel, Kala Anandarajah, Khaled Attia, Kylie Sturtz, Madeleine Renaud, Marilyn Leblanc, Mario Vogl, Martin Nedelka, Matthew F. Jones, Nathalie Jalabert-Doury, Reeti Choudhary, Shai Bakal, Simon Albert, Simone Evans, Theodore L. Banks, Zeynep Ortaç Best practices for compliance programs : Results of an international survey


Les entreprises devraient toutes mettre en place des programmes de conformité au droit de la concurrence pour assurer le respect de ces règles complexes par leurs salariés. Ceci étant, il n’y a guère de cohérence dans la manière dont ces efforts de conformité sont percus par les autorités. Quelques (...)


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