Authors: Kristen Harris and Steven J. Cernak As we covered earlier (see here and here), the recent U.S. House Judiciary Committee Majority Report on its Investigation into Digital Markets recommends that Congress override several classic antitrust cases. In particular, the Report recommends “clarifying that cases involving platforms do not require…
photo credit: ginnerobot via photopin cc Author: Jarod Bona Antitrust injury is one of the most commonly fought battles in antitrust litigation. It is also one of the least understood antitrust concepts. No matter what your antitrust theory, it is almost certain that you must satisfy antitrust-injury requirements to win…
By: Steven J. Cernak As we described in a prior post, the U.S. House Judiciary Committee Majority Report of its Investigation into Digital Markets included a number of recommendations that went beyond digital markets, including overriding several classic antitrust cases. One of the Report’s recommendations is to make it easier…
Author: Steven J. Cernak On October 6, 2020, the Antitrust Subcommittee of the U.S. House Judiciary Committee issued its long-anticipated Majority Report of its Investigation of Competition in Digital Markets. As expected, the Report detailed its findings from its investigation of Google, Apple, Facebook, and Amazon along with recommendations for…
Author: Jarod Bona As an attorney defending an antitrust class action, your job is to get your client out of the case as expeditiously and inexpensively as possible. There are several exit points. For example, with a little help from the US Supreme Court’s Twombly decision, you might find your way…
Author: Jarod Bona Thanks to a 1977 US Supreme Court case called Illinois Brick v. Illinois, class-action-antitrust plaintiff claims may look strange. You might expect to see named plaintiffs for a class of allegedly injured parties suing defendants (and it is usually multiple defendants) under the federal antitrust laws for…
Author: Jarod Bona Baseball is special. How do we know that? Is it the fact that it has been declared America’s Pastime? Or is it the feelings we have when we smell the freshly cut grass on a sunny spring day? Or is it the acoustics of a wood bat…
I won’t hide the ball; I’ll just tell you the answer: Federal district courts deciding motions to dismiss an antitrust case too often apply the summary-judgment standard to conspiracy allegations, particularly when confronted with non-parallel-conduct cases. This isn’t scientific or empirical—it is my observation and is enough of an issue…