In the most recent issue of The Antitrust Law Journal, attorney Sean P. Gates describes several possible approaches to these discounts, analyzing the good and the bad for each. His article, Antitrust by Analogy: Developing Rules for Loyalty Rebates and Bundled Discounts, is really quite good. I identified this article…
I am excited to announce that after a dozen years of big-law practice, I am leaving DLA Piper to start my own law firm—Bona Law PC. I believe that through Bona Law I can offer clients the legal services of the best law firms, but in a much more efficient…
On March 5, the Supreme Court will hear arguments on whether the fraud-on-the-market presumption in securities class actions should survive. The case is Halliburton v. Erica P. John Fund and it could be groundbreaking. If the Supreme Court jettisons the presumption, it will close a major avenue for securities class-action…
Here at The Antitrust Attorney Blog, we like to talk about competition. And what could be a better example of competition than Olympic Hockey. Mostly ignored by all but die-hard fans, hockey—Olympic style—captures the world’s attention every four years, as we all become fans of this exciting sport. Story lines…
This article is cross-posted in both English and French at Thibault Schrepel’s outstanding competition blog Le Concurrentialiste. Like most antitrust issues today, questions about loyalty discounts are relevant across the globe as competition regimes and courts grapple with the best way to address them. Companies like to reward their best customers with discounts. It happens…
I was excited to find a brand-new crisp copy of the Antitrust Law Journal at my San Diego office today. That may seem like an odd statement, but I am admittedly a bit of a law nerd, particularly when it comes to antitrust and competition issues. Many lawyers today have,…
When you think about a government antitrust investigation, you probably picture monopoly accusations against large companies like Microsoft in the 90’s and early 2000’s or AT&T in the 70’s and 80’s. Or perhaps you imagine a global price-fixing cartel like that depicted in the movie The Informant. In any event,…
Competition is beautiful. As an antitrust lawyer, I often face situations where one side or the other asserts that competition is restricted for some reason. And sometimes it isn’t, but another party claims that it is because it is losing the competition. Or a government official prematurely acts on a…
Note: I co-authored this blog entry with my wife, Mary Bona. We hope you all enjoyed the holiday season! Along with the holidays come many traditions. One tradition in our family is to watch the heart-warming, iconic holiday film, It’s A Wonderful Life, starring James Stewart and Donna Reed. It’s…
Let’s pretend that you are starting the new year with an exciting opportunity: You were just named general counsel of a multi-national corporation with several market-leading products. You received lots of congratulations, high-fives, and kudos during holiday parties and family get-togethers, but you can’t help but start to think about the…