Author: Jarod Bona
Let’s pretend that you sell three different types of protein powder: Whey Protein, Casein Protein, and Pea Protein. You sell them each for $10 per container. But for someone—like myself—that likes to include several types of protein in their morning smoothie, you offer a special deal of $25 total for purchasing all three types of protein at once (compared to $30 at the regular price).
Congratulations, you just offered a bundled discount,…
Author: Luis Blanquez
When someone new enters a market with a different or better idea or way of doing business, existing competitors must also innovate, lower their price, or otherwise improve their offerings to maintain their position in the market. That is why competition is good for consumers.
But sometimes competitors choose another path: they avoid competition by banding together to boycott the disruptive new entrant. And sometimes, they use state and local governments…
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…
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…
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…
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…
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
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