Author: Steven J. Cernak Recently, I was researching antitrust developments in 2020 to update my Antitrust in Distribution and Franchising book. While there were several developments last year, what struck me was the large number of potentially drastic changes to antitrust distribution law that started to play out in 2020…
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…
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: Luis Blanquez As a long-standing antitrust attorney in Europe, making the decision to move from Madrid to San Diego a few years ago to practice law in the U.S. has been a life-changing experience. Both personally and professionally. Learning from other cultures, colleagues, and languages is something I strongly…
Author: Jarod Bona This is part two of an article about the Supreme Court’s 2019 decision in Apple v. Pepper, the classic antitrust cases of Illinois Brick and Hanover Shoe, indirect purchaser lawsuits, and state antitrust claims. If you haven’t read that article, you should because it provides the background…
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 Lawyers, judges, economists, law professors, policy-makers, business leaders, trade-association officials, students, juries, and the readers of this blog combined spend incredible resources—time, money, or both—analyzing whether certain actions or agreements are anticompetitive or violate the antitrust laws. While superficially surprising, upon deeper reflection it makes sense because…
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…