Bona Law PC

Bona Law PC is a boutique law firm that concentrates on antitrust and competition, appellate litigation, business litigation, real-estate litigation and challenges to government conduct. Jarod M. Bona, a Harvard Law School graduate and former federal appellate clerk, created the firm after practicing law for a dozen years at two major international law firms.

An Antitrust Agency Just Called About a Merger—What Happens Next?

By Bona Law PC

November 30, 2020

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Author: Steven J. Cernak It happens all the time. You read about a merger in your industry, maybe between two suppliers or competitors. If the merger involves suppliers, maybe your sales rep makes a courtesy call. You then get back to your business, preparing to adjust as necessary. A short time later, you get a call. Some attorney from the Federal Trade Commission or Department of Justice Antitrust Division is “conducting a non-public investigation” in…

The Antitrust Attorney Blog

What is the statute of limitations for a federal antitrust claim?

By Bona Law PC

November 14, 2020

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Author: Jarod Bona The short answer to the statute-of-limitations question is that an antitrust action must be commenced “within four years after the cause of action accrued.” (15 U.S.C. § 15b). And the antitrust cause of action accrues when the defendant acts in violation of the antitrust laws and injures plaintiff. But it isn’t always this simple. Sometimes the statute of limitations doesn’t start running right away, even when the antitrust defendant actually…

The Antitrust Attorney Blog

The Department of Justice Policy and Guidance on Antitrust Compliance Programs and Antitrust Criminal Violations

By Bona Law PC

November 12, 2020

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Author: Luis Blanquez If you read our articles regularly, you know an antitrust compliance policy is a strong tool to educate directors and employees to avoid risks of anticompetitive conduct. Companies articulating such programs are in a better position to detect and report the existence of unlawful anticompetitive activities, and if necessary, be the first ones to secure corporate leniency from antitrust authorities. Antitrust Compliance Programs in the US and the European Union But make…

The Antitrust Attorney Blog

Classic Antitrust Cases: Trinko, linkLine and the House Report on Big Tech

By Bona Law PC

October 13, 2020

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Author: Steven J. Cernak On October 6, 2020, the Antitrust Subcommittee of the U.S. House Judiciary Committee issued its long-anticipated Majority Report of its Investigation of Competition in Digital Markets. As expected, the Report detailed its findings from its investigation of Google, Apple, Facebook, and Amazon along with recommendations for actions for Congress to consider regarding those firms. In addition, the Report included recommendations for some general legislative changes to the antitrust laws. Included…

The Antitrust Attorney Blog

Give and Take of Proposed HSR Rules: Private Equity Companies and Small Transactions

By Bona Law PC

September 25, 2020

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Author: Steven Cernak As we detailed in earlier posts (see here and here, for instance), the system established by the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) was designed to get sufficient information about impending mergers to the federal antitrust agencies so they could attempt to block anti-competitive ones before consummation. The system has grown into a complex set of rules and interpretations. Earlier this month, the antitrust agencies proposed two changes to those…

The Antitrust Attorney Blog

Department of Justice Civil Investigative Demands and Hidden Risks

By Bona Law PC

September 24, 2020

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Author: Jon Cieslak The United States Department of Justice Antitrust Division recently announced changes to its Civil Investigative Demand (CID) forms and deposition process. While these changes are cosmetic—the Antitrust Division acknowledges that the changes “are consistent with long-standing division policies”—they serve as a good reminder of risks that always exist when communicating with the government. Background on Civil Investigative Demands Continue reading →…

The Antitrust Attorney Blog

Antitrust, Antifragility, Blockchain, and the Department of Justice

By Bona Law PC

September 13, 2020

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Author: Jarod Bona I suspect that Antitrust DOJ head Makan Delrahim and I have had a similar reading list lately. And I am not even referring to any sort of antitrust books, like, for example, Steve Cernak’s book on Antitrust in Distribution and Franchising. Let me explain. I read, with great interest, a speech that Assistant Attorney General Makan Delraihim delivered on August 27, 2020 to the Conference on Innovation Economics in Evanston, Illinois…

Titles and Deeds

California Court Voids Arbitration Clause in Residential Lease

By Bona Law PC

September 6, 2020

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Author: Staff The California Civil Code regulates the types of terms that a residential lease can include, and states that public policy renders certain provisions void. A recent ruling by the California Court of Appeals, Second District in Williams v. 3620 W. 102nd Street, Inc. held that an arbitration clause in a residential lease is unenforceable based on public policy. California real estate investors considering investments in residential properties should be aware of how…

The Antitrust Attorney Blog

Do We Still Have “Faith in the Value of Competition”?

By Bona Law PC

August 31, 2020

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Author: Steven J. Cernak As I prepare again to teach an antitrust survey course, part of the preparation involves rereading some of the classic foundational U.S. antitrust cases. Many of them make some sweeping statements about how the Sherman Act embodies a national policy to order our entire economy through competition. “The heart of our national economic policy long has been faith in the value of competition” comes from Standard Oil in 1911. The Court…

The Antitrust Attorney Blog

California Supreme Court Confirms Independent Wrongfulness Requirement for Certain Tortious Interference Claims and Clarifies Section 16600 Standard

By Bona Law PC

August 18, 2020

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Author: Jarod Bona Competitors battle in the marketplace and sometimes battle in the courts. Bona Law is an antitrust and competition boutique law firm, but most people think of the “competition” part of that description as redundant to the antitrust label. That is not a surprise because outside of the United States, most people refer to antitrust law as competition law. But I view it differently: Antitrust Law is the literal collection of state…

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An Antitrust Agency Just Called About a Merger—What Happens Next?

What is the statute of limitations for a federal antitrust claim?

The Department of Justice Policy and Guidance on Antitrust Compliance Programs and Antitrust Criminal Violations

Classic Antitrust Cases: Trinko, linkLine and the House Report on Big Tech

Give and Take of Proposed HSR Rules: Private Equity Companies and Small Transactions

Department of Justice Civil Investigative Demands and Hidden Risks

Antitrust, Antifragility, Blockchain, and the Department of Justice

California Court Voids Arbitration Clause in Residential Lease

Do We Still Have “Faith in the Value of Competition”?

California Supreme Court Confirms Independent Wrongfulness Requirement for Certain Tortious Interference Claims and Clarifies Section 16600 Standard

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