Author: Steven Cernak
Years ago when I was working in-house at General Motors, one of my bosses asked just what it was that I did at all those ABA Antitrust Section meetings I attended: “Seems like you just go to
The Antitrust Attorney Blog
Blog Authors
Latest from The Antitrust Attorney Blog
Quick Update on Algorithmic Pricing: Yardi and the “Per Se” Standard
By Bona Law PC
Author: Luis Blanquez
In simple terms algorithmic pricing takes place when competitors make use of a software platform to share competitively sensitive information, which the pricing algorithm uses to recommend prices for all users.
Algorithmic pricing has been in the…
Could Elon Musk Acquire TikTok Under a Joint Operating Agreement Exception to the Antitrust Laws?
By Bona Law PC
Authors: Pat Pascarella and Aaron Gott
The idea of Elon Musk purchasing TikTok might sound like a headline ripped from a speculative business column, and maybe it is. But as antitrust lawyers, we couldn’t resist. Obviously, Mr. Musk already…
Antitrust Agency Publishes Revised HSR Notification Thresholds and Filing Fees For 2025
By Bona Law PC
Authors: Steven Cernak and Luis Blanquez
On January 10, 2025, the Federal Trade Commission (FTC) issued its usual annual announcement to increase the Hart-Scott-Rodino (HSR) Act thresholds. The 2025 thresholds will take effect 30 days after publication in the Federal…
The Third Circuit Rejects a Fraud Exception to the Noerr-Pennington Exemption from Antitrust Liability
By Bona Law PC
Author: Ruth Glaeser
The Third Circuit Court of Appeals held that Merck is exempt from antitrust claims under the Noerr-Pennington doctrine in a lawsuit accusing it of deceiving the government about the effectiveness of its mumps vaccine to prevent competition.…
Understanding Antitrust Scrutiny: Lessons from United States v. American Airlines and JetBlue
By Bona Law PC
Author: Sabri Siraj
In a landmark decision, the U.S. Court of Appeals for the First Circuit upheld a district court ruling to permanently enjoin the Northeast Alliance (NEA) between American Airlines and JetBlue Airways. This case offers key insights…
How Do Oligopolies Affect Competition?
By Bona Law PC
Author: Ruth Glaeser
Recent news highlights a growing focus on government antitrust enforcement cases against companies accused of monopolizing markets and abusing their power. But let’s consider another question: if a company lacks sufficient market power to qualify as a…
Unpacking the Implications of the FTC’s Antitrust Case Against Amazon for Online Marketplace Competition
By Bona Law PC
Author: Sabri Siraj
The Federal Trade Commission has survived a motion to dismiss in a high-stakes lawsuit against Amazon, igniting critical discussions about competition in the online marketplace. As a dominant player in global e-commerce, Amazon’s practices have long affected…
Mergers & Acquisitions, AI and Antitrust: The New Creative Ways for Big Tech to Enter the AI Market and Avoid HSR Rules
By Bona Law PC
Author: Luis Blanquez
Two of the main pillars from the Biden Administration Antitrust Policy in 2023 have been an aggressive merger enforcement agenda and its crusade against Big Tech and vertical integration.
On the merger side, the Department of Justice…
New Antitrust Cases and Statements of Interests About Algorithmic Collusion
By Bona Law PC
Author: Luis Blanquez
We recently wrote about the Federal Trade Commission’s blog post explaining how relying on a common algorithm to determine your pricing decisions might violate Section 1 of the Sherman Act.
The FTC has Algorithmic Price-Fixing in its…
