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.

What Are the Elements for a Monopolization Claim under the Federal Antitrust Laws?

By Bona Law PC

February 20, 2020

Author: Jarod Bona Do you or your competitor have a monopoly in a particular market? If so, your conduct or their conduct might enter the territory of the Sherman Act—Section 2—called monopolization. If you are in Europe or other jurisdictions outside of the United States, instead of monopoly, people will refer to the company with extreme market power as “dominant.” Of course, it isn’t illegal itself to be a monopolist or dominant (and monopoly …

The Antitrust Attorney Blog

Apple v. Pepper, Indirect Purchaser Antitrust Class Actions, and the Future of Illinois Brick (Part 2)

By Bona Law PC

February 11, 2020

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Author: Jarod Bona This is part two of an article about the Supreme Court’s 2019 decision in Apple v. Pepper, the classic antitrust cases of Illinois Brick and Hanover Shoe, indirect purchaser lawsuits, and state antitrust claims. If you haven’t read that article, you should because it provides the background for this article. If you read it, but it has been awhile because we published it a long time ago—yes, we’ve been busy opening …

The Antitrust Attorney Blog

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

By Bona Law PC

February 10, 2020

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 competitors with their evil laughs deciding what prices their customers are going to pay, or how they are going to divide up the customers.…

Titles and Deeds

Affordable Home Modifications That Can Improve Your Health

By Bona Law PC

February 6, 2020

Author: Natalie Jones Natalie and her husband found the homebuying process to be incredibly overwhelming, but definitely a learning experience. Natalie hopes to help other first-time buyers by sharing her knowledge through homeownerbliss.info. Your home should be somewhere you feel comfortable. It certainly shouldn’t exacerbate any of your health conditions or affect your overall wellness. Fortunately, even if you’re on a budget, there are a few changes you can make to your home that…

The Antitrust Attorney Blog

When Does Fraudulent Concealment Toll the Antitrust Statute of Limitations?

By Bona Law PC

January 27, 2020

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Authors: Aaron Gott and Nick McNamara Antitrust conspiracies, like most conspiracies, are typically carried out in secret and often actively concealed by their participants for many years. But the statute of limitations for antitrust claims is only four years. So what happens if you discover that you were harmed by an antitrust conspiracy years after the fact? The answer could depend on which of the U.S. Court of Appeals has jurisdiction in your case.…

The Antitrust Attorney Blog

Four Questions to Ask Before Worrying About the Antitrust Risks of New Restraints on Your Distributors

By Bona Law PC

January 26, 2020

Author: Steven Cernak While I was the in-house antitrust lawyer for General Motors, outside counsel on several occasions suggested to me that GM should “institute a Colgate program” or “a minimum advertised price (MAP) program.” I am confident that all those lawyers could have helped build a fine Colgate program or other method that would restrict how GM dealers and distributors priced and marketed GM products – but the suggestion was…

The Antitrust Attorney Blog

US Antitrust Agencies Release Updated Vertical Merger Guidelines

By Bona Law PC

January 20, 2020

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Authors: Steven Cernak and Jarod Bona In big antitrust news, the Federal Trade Commission and Department of Justice Antitrust Division released a draft of an update to the 1984 Vertical Merger Guidelines (VMG) on January 10, 2020. Only three of the five FTC commissioners voted to release the draft with Democratic Commissioners Rebecca Kelly Slaughter and Rohit Chopra abstaining but issuing separate statements. The agency will accept public comments on the draft through…

The Antitrust Attorney Blog

When is the Filed Rate Doctrine a Defense to an Antitrust Lawsuit?

By Bona Law PC

January 19, 2020

Author: Jarod Bona The doctrine of federal antitrust law includes several immunities and exemptions—entire areas that are off limits to certain antitrust actions. This can be confusing, especially because these “exceptions” arise, grow, and shrink over time, at the seeming whim of federal courts. As a matter of interpretation, the Supreme Court demands that courts view such exemptions and immunities narrowly, but they are still an important part of the antitrust landscape. This includes,…

The Antitrust Attorney Blog

The End of the Paramount Antitrust Consent Decrees: A Brief Look at Movie History and the Future

By Bona Law PC

January 12, 2020

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Author: Steven Madoff The recent announcement by the Antitrust Division of the Department of Justice that it is planning to terminate the 70-year-old Paramount Consent Decrees leads to reflection on how culture, business models, the law, and technology intersect and impact one another. The history of the motion picture business resonates with the evolution (and sometimes revolution) of technology, the industry’s adaptation of its business models to respond to these changes in technology and the…

The Antitrust Attorney Blog

Your Company Isn’t Based in Silicon Valley: Why Should You Care About the Antitrust “Techlash”?

By Bona Law PC

January 7, 2020

Author: Steven Cernak Companies like Facebook, Google, Amazon and more have faced an increasing number of antitrust investigations and challenges (globally), both private and government, in recent years. In the U.S., current Presidential candidates are lining up to propose changes to antitrust laws and advocate for enforcement focused on these same tech companies. While they might not be explicit targets in as many actions, other U.S. companies outside Silicon Valley could be swallowed up in…

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What Are the Elements for a Monopolization Claim under the Federal Antitrust Laws?

Apple v. Pepper, Indirect Purchaser Antitrust Class Actions, and the Future of Illinois Brick (Part 2)

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

Affordable Home Modifications That Can Improve Your Health

When Does Fraudulent Concealment Toll the Antitrust Statute of Limitations?

Four Questions to Ask Before Worrying About the Antitrust Risks of New Restraints on Your Distributors

US Antitrust Agencies Release Updated Vertical Merger Guidelines

When is the Filed Rate Doctrine a Defense to an Antitrust Lawsuit?

The End of the Paramount Antitrust Consent Decrees: A Brief Look at Movie History and the Future

Your Company Isn’t Based in Silicon Valley: Why Should You Care About the Antitrust “Techlash”?

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