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The Antitrust Attorney Blog

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If I Were You…I’d Listen to this Podcast about Minimum Advertised Pricing Programs (Episode 2)

Author: Molly Donovan We recently released episode 2 of our “If I Were You” podcast. You can listen to this episode about minimum advertised prices here. Featuring Bona Law partner Steve Cernak. Or read our blog version now: This Episode Is About: Minimum Advertised Pricing (MAP) Programs Why:  We get…

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Is it Time for Antitrust Lawyers to Pay Attention to Interlocking Directorates and Section 8 of the Clayton Act?

Authors:  Steven Cernak and Luis Blanquez Section 8 of the Clayton Act prohibits certain interlocking directorates between competing corporations. But while the prohibition has been around since 1914, most antitrust lawyers pay little attention to it, partly because companies can quickly resolve any issues voluntarily. Recent comments by the new…

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Is Antitrust Litigation the Next Stop in the PGA Tour’s Battle with the Upstart LIV Golf League?

Author: Luke Hasskamp Hello, friends. Let’s talk about some of the latest developments in the world of professional golf, at least from an antitrust perspective. Last spring I wrote about the PGA Tour’s response to a potential competitor golf league. The new league promised to shake up professional golf, guaranteeing…

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Antitrust for Kids: Friendship and the Foreign Trade Antitrust Improvements Act (FTAIA)

Author:  Molly Donovan Amelia is 9. She makes friendship bracelets that are quite good because she uses high-sheen thread sourced directly from Brazil. Amelia sells the bracelets at school, from anywhere between $5 and $10, depending on how much thread and labor is required to make a particular bracelet. One…

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Complexity Books for Antitrust Lawyers

Author: Steven J. Cernak Two months ago, I encouraged all readers of this blog to read Complexity-Minded Antitrust by Nicolas Petit and Thibault Schrepel. As I explained in that article, I think their suggestion that antitrust lawyers and policymakers should consider applying learnings from complexity theory to antitrust questions was…

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

Author: Molly Donovan If I Were You is a new Bona Law podcast that gives in-house lawyers the essential 5 bullets they need to explain real-world antitrust and competition risks to their business teams. This podcast is a quick 10 minutes or less, easily digestible during a commute or errand,…

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Antitrust for Kids: The Temptations of Trade Groups

Author: Molly Donovan Every spring, the Trooper Girls sell cookies in their town. Although they’re all members of the same group, the girls compete against each other to be the top cookie seller of the season. The girls hold regular meetings with rules set by the troop leader based on…

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A Pandemic Slow Down Is a Good Time for an Antitrust and Competition Check-Up

Author: Molly Donovan Crises that disrupt distribution chains and cause supply shortages tend to prompt discussions among competitors about how to survive. Discussions may begin as relatively innocuous information exchanges but become risky when they turn to coping strategies. This topic can sometimes lead to conversations amongst competitors such as,…

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An Antitrust Report Card for the Biden Administration

Authors: Steve Cernak and Luis Blanquez Like all new administrations, the Biden Administration entered office promising change in antitrust policy. Unlike previous administrations, however, the change this Administration promised was nothing less than the total transformation of antitrust enforcement. In its first year, the Administration has begun that transformation by…

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Antitrust for Kids—The Spider Web That Is A Hub-and-Spoke Conspiracy

Author: Molly Donovan Antitrust for Kids is a new blog series designed to explain complex principles of U.S. competition law to practitioners and business people in plain English. Meant to be fun, and tongue-in-cheek, the series will serve as a useful primer to help the audience issue spot and better…