Consumer welfare is the common concern of the antitrust laws and the Texas Deceptive Trade Practices—Consumer Protection Act (DTPA). Antitrust, however, primarily addresses the misuse of market power used to harm consumers, while the DTPA focuses on consumer harm brought about through deception. The 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, November 1, 2012 through October 31, 2013.
A. Michael Ferrill, et al., Antitrust and Consumer Protection, 1 SMU Ann. Tex. Surv. (2014)