Authors: Steve Cernak & Molly Donovan
There is no guaranteed safety zone for exchanging competitively sensitive information amongst competitors. Practices once deemed relatively safe—like subscribing to a third-party data services provider to manage the exchange—now carry increased risks. This is
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.
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Five Key Takeaways from Fifth Circuit’s Illumina Merger Review Opinion
Author: Steven Cernak
On December 15, 2013, the Fifth Circuit remanded to the FTC its order requiring Illumina to divest its re-acquired subsidiary, Grail. Despite the remand, the opinion is a big win for the FTC. Below, we offer…
Does the NBA have an antitrust problem? A rival basketball league may think so.
Authors: Luke Hasskamp & Molly Donovan
NBA action is FAN-TASTIC! Unless, of course, the action is one brought by the Department of Justice in a different kind of court. But that may be exactly where the NBA finds itself: the…
$1.8 Billion Antitrust Verdict Against Realtor Groups Provides Lessons for Brokerages, Realtor Associations, and Multiple Listing Services Nationwide
Authors: Molly Donovan & Aaron Gott
A Missouri jury awarded a class of home sellers $1.8 billion dollars in finding that the National Association of Realtors (“NAR”) and some of the nation’s largest real estate brokerages “conspired to require home…
Antitrust for Kids: Watch Out for Predatory Halloween…Pricing!!
Author: Molly Donovan
At Argo Elementary, a group of kids gathers daily at lunch to buy and sell candy. The trading activity is a longtime tradition at Argo and it’s taken very seriously—more like a competitive sport than a pastime.…
Tell Me You’ve Never Run An Antitrust Compliance Program Without Telling Me You’ve Never Run An Antitrust Compliance Program
Author: Steven Cernak
The Department of Justice’s challenge of certain Google actions raises interesting antitrust questions. But during the first week of the trial, the biggest issue seemed to be one aspect of Google’s antitrust compliance program. Some commentators were…
MMA & Monopsony: MMA Fighters Win Class Certification Bout in Employment Monopolization Case
Authors: Luke Hasskamp & Molly Donovan
In yet another important labor-monopsony case, a federal court in Nevada has declared a win for MMA athletes fighting against their promoter’s alleged misuse of monopsony power in the market for acquiring fighters’…
Bid Rigging in the Construction Industry: The California Department of Transportation and Michigan Asphalt Paving Cases
Author: Luis Blanquez
What is Bid-rigging?
The DOJ describes bid rigging as an agreement among competitors as to who will submit the most competitive bid and who won’t, i.e., who should win and who should lose, in a competitive bidding…
California Gets Even Tougher on Non-Competes
Author: Molly Donovan & Luis Blanquez
California continues to lead the trend away from non-competes with a new law that packs yet another punch against employers’ use of these very common contractual restrictions on employee mobility.
Non-competes—also called restrictive covenants…
McDonald’s & Monopsony: The Seventh Circuit Vacates District Court’s Dismissal of a Per Se No-Poach Theory
Author: Molly Donovan
In an opinion written by Judge Easterbrook, and a major win for per se no-poach claims, the Seventh Circuit has vacated a district court’s dismissal of a Sherman Act, Section 1 no-poach claim against McDonald’s. The case…