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The Antitrust Attorney Blog

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The Seventh Circuit Explains the “Co-Conspiracy Exception” to the Illinois Brick Rule in Healthcare Antitrust Lawsuit

Author: Jarod Bona Antitrust law evolves in such a way that opinions from federal appellate courts are always interesting in how they affect the doctrine. But there are a select few judges who earn even closer attention when they write an antitrust opinion. Judge Diane P. Wood of the United…

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Antitrust, Antifragility, Blockchain, and the Department of Justice

Author: Jarod Bona I suspect that Antitrust DOJ head Makan Delrahim and I have had a similar reading list lately. And I am not even referring to any sort of antitrust books, like, for example, Steve Cernak’s book on Antitrust in Distribution and Franchising. Let me explain. I read, with…

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Do We Still Have “Faith in the Value of Competition”?

Author: Steven J. Cernak As I prepare again to teach an antitrust survey course, part of the preparation involves rereading some of the classic foundational U.S. antitrust cases.  Many of them make some sweeping statements about how the Sherman Act embodies a national policy to order our entire economy through…

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Challenging Class Action Certification and the Classic Antitrust Case of Comcast v. Behrend

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…

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California Supreme Court Confirms Independent Wrongfulness Requirement for Certain Tortious Interference Claims and Clarifies Section 16600 Standard

Author: Jarod Bona Competitors battle in the marketplace and sometimes battle in the courts. Bona Law is an antitrust and competition boutique law firm, but most people think of the “competition” part of that description as redundant to the antitrust label. That is not a surprise because outside of the…

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What is the Twombly Motion-to-Dismiss Standard for Antitrust Cases? Comparing the Ninth and Second Circuits

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…

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The End of the Paramount Antitrust Consent Decrees: A Brief Look at Movie History and the Future

Author: Steven Madoff Steven Madoff was an Executive Vice President of Business and Legal Affairs for Paramount Pictures Corporation from 1997-2006. The recent announcement by the Antitrust Division of the Department of Justice that it is planning to terminate the 70-year-old Paramount Consent Decrees leads to reflection on how culture,…

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Big Tech Hearings: What Do They Tell Us About Amazon and Antitrust?

Author: Steven Cernak The U.S. House Antitrust Subcommittee of the Judiciary Committee’s recent hearings into “big tech” and antitrust were “must see TV” for antitrust attorneys. Over the five hours of testimony, many interesting questions were asked of the leaders of Apple, Google, Facebook, and Amazon; unfortunately, the format often…

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Iatrogenics, the Sad Tale of Dr. Ignaz Semmelweis, and Antitrust Lawyers

Author: Jarod Bona I bet your first question is “What is iatrogenics?” Have you ever gone to the doctor for something minor, only to take the prescribed medication and suffer through side effects that are worse than the initial ailment? Iatrogenics is your net loss in welfare from the doctor.…

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Can My Farm Cooperative Impose Production Restraints During Covid-19 Without Violating the Antitrust Laws?

Author: Aaron Gott and Nick McNamara As the effects of the ongoing COVID-19 pandemic continue to ripple across all sectors of the economy, agriculture has been hit especially hard. The widespread closure of restaurants combined with the general hit on most Americans’ wallets has precipitated a massive demand shock, which…