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Articles Posted in Department of Justice

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The Antitrust Laws Encourage Stealing

That’s right, the antitrust laws care so much about competition that they even prohibit agreements among competitors to not steal. In a society that morally condemns stealing, this is counter-intuitive (and a good reason to learn a little bit about antitrust). You might wonder now whether I will engage in…

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The Problem with Conduct Remedies for the Comcast-Time Warner Cable Merger

Antitrust attorneys do everything that a lawyer can do: They litigate in both courts and agencies; they counsel clients; and they participate in mergers & acquisitions. If you are a young lawyer or law student that can’t decide what type of legal activity you like best, try antitrust and competition…

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Does My Company’s Loyalty-Discount Program Violate Antitrust and Competition Laws?

This article is cross-posted in both English and French at Thibault Schrepel’s outstanding competition blog Le Concurrentialiste. Like most antitrust issues today, questions about loyalty discounts are relevant across the globe as competition regimes and courts grapple with the best way to address them. Companies like to reward their best customers with discounts. It happens…

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Even Individual Real-Estate Investors Can Violate The Antitrust Laws

When you think about a government antitrust investigation, you probably picture monopoly accusations against large companies like Microsoft in the 90’s and early 2000’s or AT&T in the 70’s and 80’s. Or perhaps you imagine a global price-fixing cartel like that depicted in the movie The Informant. In any event,…

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Building an Antitrust and Competition Policy: Where to Begin

Let’s pretend that you are starting the new year with an exciting opportunity: You were just named general counsel of a multi-national corporation with several market-leading products. You received lots of congratulations, high-fives, and kudos during holiday parties and family get-togethers, but you can’t help but start to think about the…

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The Anatomy of a Per-Se-Antitrust Violation

The Internet didn’t fall down after my first post, so I thought I’d try another. In the US, certain conduct is so obviously anticompetitive that antitrust law labels it per se illegal. These restraints lack redeeming pro-competitive value in almost all instances, so the law allows plaintiffs an important short-cut…