The Antitrust Attorney Blog

Blog Authors

Latest from The Antitrust Attorney Blog

Author: Jarod Bona Great lawyers must write well. But what does that mean? I could give you a list of what you should or shouldn’t do as a legal writer. I think that you might find such an article useful regardless of your skill level because the best writers always strive to improve and the worst writers, well, they need a lot of guidance. I might write that article one day. But not today. I…
Author: Jarod Bona Even if you aren’t an antitrust lawyer, you have certainly seen notices of class actions, perhaps with a solicitation from an attorney stating in legalese that you may be entitled to money or something to that effect. You probably ignored them—and for good reason—perhaps the amount you could receive was small, or the subject didn’t really have anything to do with you or your business or you just didn’t want…
Author: Rachel Bailey, Legal Data Expert, Lex Machina Data analytics is big business right now. Many types of businesses are using analytics to become more competitive and efficient. It’s no longer just “Moneyball” in sports, but styling analytics in retail, adaptive learning analytics in education and – you guessed it – litigation analytics in the legal sector. While there are a variety of analytics purveyors in the legal space, one vendor recently…
Author: Jarod Bona When you think about Sherman Act Section 1 antitrust cases (the ones involving conspiracies), you usually consider the question—often framed at the motion to dismiss stage as a Twombly inquiry—whether the defendants actually engaged in an antitrust conspiracy. But, sometimes, the question is whether the defendants are actually capable of conspiring together. That isn’t a commentary on the intelligence or skills of any particular defendants, but a serious antitrust issue that…
Author: Luis Blanquez The U.S. Department of Justice recently published that the International Competition Network (“ICN”) has approved the Framework on Competition Agency Procedures (“CAP”), for antitrust enforcement agencies around the world to promote fundamental due process principles in competition law investigations and enforcement. This is an opt-in framework, based on the U.S. Antitrust Division’s initial Multilateral Framework on Procedures proposed at the last Council of Foreign Relations in June 2018
Author: Aaron Gott My morning routine usually begins with reading the news to keep up on current events. As an antitrust lawyer, I often find myself thinking about how stories that were deemed newsworthy for other reasons fail to recognize their often most troubling aspects: the antitrust concerns. Last week, for example, the news was abuzz with Uber and Lyft drivers going “on strike” to protest their compensation from the companies. The drivers “…
Author: Jarod Bona Our boutique antitrust law firm has a lot of work right now and we expect this to continue and even increase. You may have seen the announcement about our new antitrust (monopolization) and Lanham Act lawsuit in Colorado federal court. And that is just one of many cases, matters, and projects we have on our plate right now. Fortunately, we have a strong team that can handle our workload; and…
Author: Jarod Bona It is illegal under the antitrust laws for competitors to agree not to steal each others’ employees. For more about that, you can read our article about how the antitrust laws encourage stealing. Yes, you read that correctly. But this article isn’t about stealing or even agreeing not to steal employees. Instead, it is about one of our favorite topics: Suing the government under the antitrust laws and the increasingly narrow…
Author: Aaron Gott If you are a defendant in a federal class action case, you probably already know that class certification is an important pivot point in the litigation: once the class is certified, it could be a bet-the-company moment where the risk of a large judgment outweighs any considerations about the merits or your likelihood of successfully defending at trial. The fact that you could appeal class certification after final judgment is cold…
Author: Jarod Bona Law school exams are all about issue spotting. Sure, after you spot the issue, you must describe the elements and apply them correctly. But the important skill is, in fact, issue spotting. In the real world, you can look up a claim’s elements; in fact, you should do that anyway because the law can change (see Leegin and resale price maintenance). And outside of a law-school hypothetical, it typically isn’t difficult…