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Articles Posted in Antitrust Counseling

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How this Antitrust Lawyer Counsels Clients on Risk in the Business World

Author: Jarod Bona You may not realize this, but a lot of people don’t like lawyers. We even have our own genre of comedy that predates Shakespeare: lawyer jokes. Here is a common example: What do you call 1000 lawyers at the bottom of the ocean? A good start! When you…

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Antitrust News: The Department of Justice Wants You to Have a Strong Antitrust Compliance Policy

Author: Jarod Bona You might hear from an antitrust attorney that it is important to have a strong antitrust compliance policy. And you may think to yourself, yes, I suppose it is. Then you go about your over-packed day, periodically seeing from other professionals that whatever their specialty is, you…

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Why is Antitrust Compliance Counseling and Training So Important?

Author: Jarod Bona If, like me, you have ever spoken to someone that faces criminal indictment by a federal grand jury following a Justice Department antitrust investigation, you know why antitrust compliance counseling and training is a big deal—you don’t need reasons; hearing the crackle of the voice is enough…

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Antitrust Compliance Programs in the US and the European Union

Author: Luis Blanquez Luis Blanquez is a European Competition Attorney that works with Bona Law. WHAT IS AN ANTITRUST COMPLIANCE PROGRAM? An antitrust compliance program is an internal business policy designed by a company to educate directors and employees to avoid risks of anticompetitive conduct. Companies that conspire with their…

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Antitrust News: The Oscars’ Proposed Ban on Netflix Movies Raises Antitrust Concerns

Author: Aaron Gott My morning routine usually begins with reading the news to keep up on current events. As an antitrust lawyer, I often find myself thinking about how stories that were deemed newsworthy for other reasons fail to recognize their often most troubling aspects: the antitrust concerns. Last week,…

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What does the Coty judgment mean for businesses that do business in Europe?

Authors: Magdalena Jakubicz and Luis Blanquez Magdalena Jakubicz is a Sr. Corporate Counsel at Cisco where she helps her business clients to achieve their goals while ensuring antitrust compliance across EMEAR and Latin America. Magdalena’s day-to-day responsibilities include the following: designing and delivering compliance programs; co-leading commercial litigations and responses…

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Three Lessons for an HSR Mergers and Acquisitions Problem: Did you “Aggregate”?

The FTC Headquarters in Washington, DC. The cornerstone to the building was laid in 1937 by Franklin Roosevelt, reportedly using the same trowel George Washington used to lay the cornership of the U.S. Capital in 1793. In the spirit of competition, the National Gallery of Art has set its sights…

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Does a Refusal to Deal With a Competitor Create Antitrust Liability?

Author: Jarod Bona Yes, in certain narrow circumstances, refusing to do business with a competitor violates Section 2 of the Sherman Act, which regulates monopolies, attempts at monopoly, and exclusionary conduct. This probably seems odd—don’t businesses have the freedom to decide whether to do business with someone, especially when that…

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Considering a Merger or Acquisition? Avoid these 10 Minefields in your HSR Filing to the Antitrust Agencies

This 1942 sculpture by Michael Lantz, 17-feet long, is meant to suggest a heroic figure (the FTC) restraining violent and untamed American commerce. Author: Steven Levitsky If you liked the old computer game, “Minesweeper,” then you’re ready to take on Hart-Scott-Rodino (HSR) filings for antitrust review of mergers & acquisitions.…