Author: Jarod Bona So let’s say that you are general counsel of a company suing a larger competitor for Monopolization and Attempted Monopolization under Sherman Act, Section 2 based upon that monopolist competitor’s tying arrangements, exclusive dealing agreements, and their refusal to deal with you. You have a great case;…
Author: Steven J. Cernak With the number of vaccinations rising and mask mandates going away, it appears that life might be heading back towards something like the “old normal.” But during the pandemic, businesses and consumers formed new habits. How many of those new actions will continue post-pandemic and how…
Author: Luke Hasskamp Any time a dominant market player takes aggressive steps in the face of competition, that can catch people’s eye, especially those attuned to antitrust issues. That reality is true for the PGA Tour and its response to reports of efforts to launch a competitor golf league—the Premier…
Author: Steven J. Cernak Hart-Scott-Rodino or HSR, the U.S. premerger notification program, has undergone several major changes since the beginning of the pandemic. Some FTC Commissioners have suggested even more changes. HSR filers, both frequent and infrequent, need to understand these current developments. As this blog has discussed frequently (see…
Authors: Luis Blanquez and Jon Cieslak Deferred prosecution agreements (“DPAs”) in the antitrust world have been a hot topic on this side of the Atlantic during the past two years. DPAs seem to be slowly becoming an efficient instrument for the Department of Justice to tackle antitrust conspiracies, and we…
Author: Jarod Bona You might have a Lanham Act claim if your competitor is making false statements to promote its products or services in a way that deceives customers and injures you because you lost business, for example, as a result. Although many people think of the Lanham Act as…
Author: Jarod Bona An amicus curiae brief is filed by a non-party—usually in an appellate court like the US Supreme Court—that seeks to educate the court by offering facts, analysis, or at least a perspective that the party briefing doesn’t present. The term amicus curiae means “friend of the court,” and…
Author: Jon Cieslak Many guitarists and rock music fans have recently gotten to know Rick Beato. Beato is a musician, music producer, and, most recently, a YouTube personality. He regularly produces YouTube videos about a variety of music topics, headlined by his most well-known series, What Makes This Song Great?,…
Author: Luis Blanquez Interesting times to be an attorney; especially an antitrust attorney. If you work in private practice, you are likely witnessing the most significant transformation in the legal sector in the past 20 years. If you are an in-house lawyer, you are probably dealing with a new set…
Author: Jarod Bona You might wonder why industry trade associations can lobby the government without obvious antitrust sanction, even when—which is common—they seek regulations or actions that ultimately harm competition. (By the way, if you are invited to a trade association meeting, you should read this.) The answer is found…