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The Antitrust Attorney Blog

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Antitrust for Kids: Tricks, Treats and Tying: A Halloween Antitrust Tale

Author:  Molly Donovan Mr. Potter grows the best pumpkins in town. They’re big and round, perfect for carving, and specially treated with a patented spray that keeps Potter pumpkins squirrel-free for weeks. Genius! Naturally, all the kids in town buy their Halloween pumpkins from Mr. Potter’s farmstand. They’re a bit…

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Fair to Say Robinson-Patman No Longer “Forgotten”?

Author: Steven Cernak Recently, FTC Commissioner Bedoya made one of his first speeches and called for a “return to fairness” when enforcing the antitrust laws. In particular, he called for renewed enforcement of the Robinson-Patman Act. This speech is just the latest reason why businesses need to prepare for a…

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Does a Minimum Advertised Price (MAP) Policy Violate the Antitrust Laws?

Author: Jarod Bona We see many antitrust issues in the distribution world—and from all business perspectives: supplier, wholesale distributor, authorized retailer, and unauthorized retailer, among others. And at the retail level, we hear from internet and brick-and-mortar stores and consumers. The most common distribution issues that come up are resale-price-maintenance (both…

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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…