Author: Jarod Bona We are all connected. When something happens anywhere, we know about it everywhere. If someone has a great idea, they can tell everyone about it, right away. These connections create incredible value. We as a society can take the best ideas and build upon them. Information as a…
The Antitrust Attorney Blog
Antitrust News: The Oscars’ Proposed Ban on Netflix Movies Raises Antitrust Concerns
Author: Aaron Gott My morning routine usually begins with reading the news to keep up on current events. As an antitrust lawyer, I often find myself thinking about how stories that were deemed newsworthy for other reasons fail to recognize their often most troubling aspects: the antitrust concerns. Last week,…
Bona Law would like to Add a New Antitrust Attorney in either California or New York
Author: Jarod Bona Our boutique antitrust law firm has a lot of work right now and we expect this to continue and even increase. You may have seen the announcement about our new antitrust (monopolization) and Lanham Act lawsuit in Colorado federal court. And that is just…
Antitrust News: The Department of Justice Supports a Market-Participant Exception to State-Action Immunity in No-Poaching Agreement Case Against Duke University
Author: Jarod Bona It is illegal under the antitrust laws for competitors to agree not to steal each others’ employees. For more about that, you can read our article about how the antitrust laws encourage stealing. Yes, you read that correctly. But this article isn’t about stealing or even agreeing…
What does the Coty judgment mean for businesses that do business in Europe?
Authors: Magdalena Jakubicz and Luis Blanquez Magdalena Jakubicz is a Sr. Corporate Counsel at Cisco where she helps her business clients to achieve their goals while ensuring antitrust compliance across EMEAR and Latin America. Magdalena’s day-to-day responsibilities include the following: designing and delivering compliance programs; co-leading commercial litigations and responses…
Three Components of Every Effective Appellate Argument
Author: Jarod Bona This website is called The Antitrust Attorney Blog, not the Appellate Attorney Blog. But I have combined an appellate practice with my antitrust practice my entire legal career and we do a lot of appellate work at Bona Law. So sometimes we address appellate, writing, and briefing issues…
Antitrust and Competition Law is Global: Bona Law Expands Its International Resources through IR Global
Author: Luis Blanquez Antitrust and competition law is a global issue. Markets that could be national are often global instead (because if they aren’t naturally local, there usually isn’t reason to stop at a country’s borders). Bona Law embraces this international reality. That is part of what attracted me to…
Three Lessons for an HSR Mergers and Acquisitions Problem: Did you “Aggregate”?
The FTC Headquarters in Washington, DC. The cornerstone to the building was laid in 1937 by Franklin Roosevelt, reportedly using the same trowel George Washington used to lay the cornership of the U.S. Capital in 1793. In the spirit of competition, the National Gallery of Art has set its sights…
Does a Refusal to Deal With a Competitor Create Antitrust Liability?
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…
Considering a Merger or Acquisition? Avoid these 10 Minefields in your HSR Filing to the Antitrust Agencies
This 1942 sculpture by Michael Lantz, 17-feet long, is meant to suggest a heroic figure (the FTC) restraining violent and untamed American commerce. Author: Steven Levitsky If you liked the old computer game, “Minesweeper,” then you’re ready to take on Hart-Scott-Rodino (HSR) filings for antitrust review of mergers & acquisitions.…