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The Antitrust Attorney Blog

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Altria Group/JUUL Labs: An Antitrust Violation for Antitrust Clearance Strategy and Transaction Non-Competes?

Authors: Steven Cernak and Luis Blanquez The FTC’s challenge of Altria Group’s proposed minority investment in JUUL Labs, Inc. (JLI) in April 2020 generated attention in both the mainstream media and the competition law press. Press coverage since that time has hit the latest developments but often missed the important…

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If I Were You…I’d Listen to this Podcast about Antitrust and Cannabis

Author: Molly Donovan A new episode of the “If I Were You” podcast is here! You can listen to it here. Featuring Fox Rothschild partner Jayashree Mitra talking all about antitrust and cannabis. This Episode Is About: Antitrust and Cannabis Why: It’s a rapidly growing space ripe for antitrust disputes!…

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Hub-and-Spoke Antitrust Conspiracies and the Classic Case of Toys “R” Us v. FTC

Author: Jarod Bona Like life, sometimes antitrust conspiracies are complicated. Not everything always fits into a neat little package. An articulate soundbite or an attractive infograph isn’t necessarily enough to explain the reality of what is going on. The paradigm example of an antitrust conspiracy is the smoke-filled room of…

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Federal Court Denies Golfers’ Request for Order to Play in the FedEx Cup Playoffs

Author: Luke Hasskamp Two days before the FedEx Cup Playoffs—a federal court in San Francisco denied three players’ requests for an order allowing them to participate in the marquee event. Those three players—Talor Good, Hudson Swafford, and Matt Jones—had asked the court to immediately enjoin their recent suspensions, handed down…

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Antitrust for Kids: No Traitors Allowed: Golf and Monopolization

Authors:  Molly Donovan & Luke Hasskamp Liv is 8. She just moved to town from out of state and has 3 new neighbor friends Paul, Greg and Adam (“PGA”). The PGA kids seem very nice and well mannered. They wear pastels. And the coolest thing about them: they have a…

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The Colgate Doctrine and Other Alternatives to Resale-Price-Maintenance Agreements

Author: Jarod Bona As an antitrust boutique law firm, we receive a varied assortment of antitrust-related questions. One of the most common topics involves resale-price maintenance. That is, people want to know when it is okay for suppliers or manufacturers to dictate or participate in price-setting by downstream retailers or distributors. I…

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Distribution Agreements: Quick Look at What’s New on Vertical Agreements and Antitrust in the European Union

Authors: Luis Blanquez and Steve Cernak The adoption of the new Vertical Block Exemption Regulation and Guidelines has created a hectic few months in the European Union for those in the world of antitrust and distribution agreements. 1. The European Commission updates existing vertical rules On May 10, 2022, the…

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Resale Price Maintenance, Horizontal Conspiracies, and Antitrust Law

Author: Jarod Bona If you are looking for controversy, you came to the right place. Today, we discuss resale price maintenance, one of the most contentious issues in all of antitrust. If you look around and see a bunch of antitrust economists, hide your screen so they don’t start arguing with…

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Is the PGA’s Suspension of 17 Players Out of Bounds Under the Federal Antitrust Laws?

Authors: Luke Hasskamp and Molly Donovan We often write about sports and antitrust and have previously written about professional golf, and, specifically, the legal implications of a competitor golf league trying to break onto the scene: The PGA Tour faces off with the Premier Golf League: An Antitrust Problem? Is…