Author: Luis Blanquez Makan Delrahim, Antitrust Chief for the United States Department of Justice, made news on June 1, 2018, when he announced that the United States will finalize and join the Multilateral Framework on Procedures in Competition Law Investigation and Enforcement. Delrahim explained why due process is a priority…
Articles Posted in FTC
Antitrust News: New FTC Commissioner Rohit Chopra Calls Out Repeat Offenders for Harsher Penalties
Author: Jarod Bona As you may have heard, the Senate recently approved a new slate of FTC Commissioners. Among them is new Commissioner Rohit Chopra, who is a former assistant director at the Consumer Financial Protection Bureau and former advisor to the Secretary of Education. Commissioner Chopra was sworn…
Antitrust News: FTC Issues Significant State Action Immunity Decision in Louisiana Real Estate Appraisers Case
Author: Jarod Bona On April 10, 2018—the eve of my panel on state action immunity issues at the ABA Antitrust Spring Meeting in DC, the FTC granted, in essence, partial summary judgment against the Louisiana Real Estate Appraisers Board on state action immunity. You can read the FTC decision—hot off…
Active Supervision and State Action Immunity for Licensing Boards Controlled by Market Participants
In early 2015, the U.S. Supreme Court held in North Carolina State Board of Dental Examiners v. FTC that the “active state supervision” prong of the state-action immunity from antitrust liability test applied to state licensing boards controlled by market participants. You can read my analysis of the decision here.…
Section 5 of the FTC Act and Commissioner Joshua Wright: Mission Accomplished?
FTC Commissioner Joshua Wright recently announced his retirement from the FTC Commission to go back to George Mason University School of Law. But he did not go out quietly. Not only was he incredibly productive during his FTC tenure, but he left right after the Federal Trade Commission issued “Principles…
My Analysis of the Supreme Court’s North Carolina State Board of Dental Examiners v. FTC Decision
If you haven’t yet heard, the Supreme Court upheld the FTC’s antitrust action against North Carolina’s state dental board. And I think they did a good job with the opinion. We wrote an amicus brief in this case and I have been studying these issues for years, so let me…
The US Supreme Court Hears Arguments in North Carolina Board of Dental Examiners v. FTC
The US Supreme Court does not review many antitrust cases. So when they do, it is kind of a big deal for antitrust attorneys around the world. On Tuesday, the Supreme Court heard oral arguments in North Carolina Board of Dental Examiners v. FTC, which addressed the scope of state-action…
Can You Make Money From an Antitrust Hedge Fund?
So here’s an idea. Let me know what you think: A hedge fund or other investment vehicle centered on antitrust analysis. I’ll explain. As you might know, I am an antitrust attorney. And I write a blog on antitrust and competition law. So, as you may expect, I follow antitrust…
Antitrust Law as a Negotiating Tool and the Pursuit of Family Dollar Stores
When you are a law student, you don’t usually understand that most cases are just one of several business tools that are companies utilize to advance their interests in the marketplace. You might think that cases are academic-like exercises that reach either trial or some appellate court (perhaps after a…
We Filed a US Supreme Court Amicus Brief Supporting Antitrust Lawsuits Against Licensing Boards
By Jarod Bona and Aaron Gott We filed an amicus curiae brief with the U.S. Supreme Court on behalf of We All Help Patients, Inc. in North Carolina State Board of Dental Examiners v. FTC, a federal antitrust case challenging anticompetitive conduct by professional-licensing boards. Let us tell you a little…