Bona Law PC

The Continuing Value of The Exorcist, Film Participant Agreements, and Hiring the Right Expert

By Bona Law PC

November 17, 2019

Author: Steven Madoff Steven Madoff is a former Executive Vice President at Paramount Pictures and General Counsel for its Home Entertainment Subsidiary. He is Of Counsel at Bona Law. When you see someone acting strangely, do you ever wonder if they are possessed? If you do, it might be because of the everlasting influence of a classic film that I am certain you know: The Exorcist. One of the great joys of a film…

The Antitrust Attorney Blog

How a Municipality Can Get Rich at the Expense of Competition and What We Should Do About it

By Bona Law PC

November 15, 2019

Author: Jarod Bona Selling a product or service when there is little to no competition is a great way to get rich. An economist might call some of those profits “monopoly rents.” With less or no competition, the amount supplied usually diminishes and the price goes up. The purchasers in this scenario lose and the supplier wins. That is why companies, individuals and governments (yes, governments) violate the antitrust laws—it is good money. Let’s say…

The Antitrust Attorney Blog

Six key attributes of an effective antitrust compliance program

By Bona Law PC

November 11, 2019

Author: Aaron Gott If you haven’t been told you need a strong antitrust compliance program, then you probably haven’t spent much time with an antitrust lawyer. But it’s true: a strong antitrust compliance program will benefit your company in myriad ways. The U.S. Department of Justice Antitrust Division recently announced it will consider an effective antitrust compliance program as a factor in deciding whether to charge a company with a criminal antitrust violation.…

Titles and Deeds

Potential Problems That Can Delay or Derail Real Estate Closings in California

By Bona Law PC

November 7, 2019

Author: Staff Buying and selling real estate in California is a complicated machine with many moving parts. Everything must be in working order before the deal can close. Most problems that arise in the days or weeks leading up to a closing might cause the machine to sputter, but the parties involved in the transaction can set everything back in order. Some issues, though, can cause big enough problems that they delay the closing date—or…

The Antitrust Attorney Blog

The Capper-Volstead Act Gives Farm Cooperatives a Limited Exemption from Antitrust Liability

By Bona Law PC

October 29, 2019

Author: Aaron Gott The federal antitrust laws are a decisive proclamation that competition is the best policy—competition leads to better products and services, the greatest value at the lowest price. But, just like with anything else, there are exceptions. Congress and the courts have carved out numerous exceptions from antitrust liability—or as we’ll call them, exemptions. There’s an insurance exemption, a labor exemption, a baseball exemption, a state-action exemption,…

The Antitrust Attorney Blog

Baseball and the Antitrust Laws Part II: The Owners Strike Back (and Strike Out)

By Bona Law PC

October 11, 2019

Author: Luke Hasskamp This is the second of a series of articles examining some of the interesting intersections between the law and baseball, with a focus on baseball’s exemption from federal and state antitrust laws. (Though, like the first article, this one does not quite reach the antitrust issues, as the initial challenges were brought under contract law.) The first article looked at some of the early conflict between professional baseball players and…

The Antitrust Attorney Blog

Baseball and the Antitrust Laws Part I: The Origins of the Reserve Clause

By Bona Law PC

October 4, 2019

Author: Luke Hasskamp This is the first of a series of articles intended to address some of the interesting intersections between the law and baseball, particularly baseball’s curious exemption from federal and state antitrust laws. More generally, it’s about the struggle between team owners and players since the dawn of professional baseball, and some of the quirks to emerge along the way. This article starts at the beginning with a fledgling set of teams…

The Antitrust Attorney Blog

Is an Anticompetitive Contract Clause an Ancillary Restraint that will survive Antitrust Scrutiny?

By Bona Law PC

September 30, 2019

As a regular reader of The Antitrust Attorney Blog, you understand that setting prices or allocating markets with your competitor is a terrible idea. Doing so is likely to lead to civil litigation and perhaps even criminal penalties. Price fixing and market allocation agreements are per se antitrust violations. That means they are the worst of the worst of anticompetitive conduct. There is, however, a limited circumstance in which what would normally be…

The Antitrust Attorney Blog

Indirect Purchaser Antitrust Lawsuits, Illinois Brick, and Apple v. Pepper (Part 1)

By Bona Law PC

September 29, 2019

Illinois-Brick-and-Indirect-Purchaser-Antitrust-Claims-300x200.jpg

Author: Jarod Bona Thanks to a 1977 US Supreme Court case called Illinois Brick v. Illinois, class-action-antitrust plaintiff claims may look strange. You might expect to see named plaintiffs for a class of allegedly injured parties suing defendants (and it is usually multiple defendants) under the federal antitrust laws for damages. And you do see that—those are usually called the “direct purchasers.” But what is unexpected is that you also often see another separate…

The Antitrust Attorney Blog

Bid-Rigging is a Per Se Violation of the Antitrust Laws

By Bona Law PC

September 26, 2019

Author: Jarod Bona In the market, there are many ways to buy and sell products or services. For example, if you want to purchase some almond milk, you can walk into a grocery store, go to the milk section, examine the prices of the different brands, and if one of them is acceptable to you, carry that milk to the register and pay the listed price. Similarly, if you want to purchase a Fitbit …

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The Continuing Value of The Exorcist, Film Participant Agreements, and Hiring the Right Expert

How a Municipality Can Get Rich at the Expense of Competition and What We Should Do About it

Six key attributes of an effective antitrust compliance program

Potential Problems That Can Delay or Derail Real Estate Closings in California

The Capper-Volstead Act Gives Farm Cooperatives a Limited Exemption from Antitrust Liability

Baseball and the Antitrust Laws Part II: The Owners Strike Back (and Strike Out)

Baseball and the Antitrust Laws Part I: The Origins of the Reserve Clause

Is an Anticompetitive Contract Clause an Ancillary Restraint that will survive Antitrust Scrutiny?

Indirect Purchaser Antitrust Lawsuits, Illinois Brick, and Apple v. Pepper (Part 1)

Bid-Rigging is a Per Se Violation of the Antitrust Laws

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