The US Supreme Court just issued its decision in an antitrust case called Ellen Gelboim v. Bank of America Corporation. This case arises out of major multi-district litigation (an MDL) centered on allegations that major banks conspired to manipulate the London InterBank Offered Rate (which you probably know as LIBOR)…
The Antitrust Attorney Blog
I Started The Antitrust Attorney Blog One Year Ago Today
One year ago, I wrote my first blog post for The Antitrust Attorney Blog. Time flies. A lot has changed since then. When I started this blog, I was with DLA Piper. Now I am with a firm called Bona Law PC. DLA Piper is much bigger, of course. But…
Do Real-Estate Brokers Violate the Antitrust Laws By Charging Identical Commissions?
I’ve often written about real estate on this blog. There are two reasons for this. The first and most important reason is because my wife and I invest in real estate and thus talk about real estate, so it is on my mind. In fact, I have my California real-estate license.…
The Antitrust Law Journal, Robert Bork, the European Union, and Google
When you are an antitrust lawyer, an exciting day each quarter is the arrival of a fresh issue of the Antitrust Law Journal. I’ve previewed these issues in the past, here and here. Once again, the Antitrust Law Journal has arrived and it looks like a great one. This issue…
Entrenching a Monopolist: the FCC, Net Neutrality, and the Cable-Company Merger
An article in the Wall Street Journal caught my eye: “FCC Questions AT&T Over Investment Pause: Company Freezes Plans to Build Ultrafast Internet Service.” The reason for the pause is the FCC’s flirtation with the idea of net neutrality. A government policy of net neutrality would require internet service providers—like…
The Antitrust Danger of Trade Associations with Power
The trade association necessitates a delicate balancing act between anticompetitive conduct condemned by the antitrust laws and pro-competitive information-sharing and best practices that ultimately help consumers. Trade associations should have antitrust policies and should consistently consult with an antitrust attorney. Antitrust law reserves its greatest scorn to the horizontal agreements—the…
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…
Monopoly, Antitrust, and Making Money
You may have noticed Peter Thiel’s provocatively titled article “Competition is for Losers” in the Review section of last weekend’s Wall Street Journal. Since we extol the virtues of competition here at The Antitrust Attorney Blog, perhaps you are bracing yourself for me to rip into his article? No way!…
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…