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Latest from The Antitrust Attorney Blog

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In many instances, conduct involving the business of insurance is, indeed, exempt from antitrust liability. So why does insurance sometimes get a free pass? In 1945, Congress passed a law called The McCarran-Ferguson Act. Insurance, of course, has traditionally been regulated by the States. Territorial and jurisdictional disputes between the States and the Federal government are a grand tradition in this country. We call it Federalism. In 1945, it appears that the states won…
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Author: Jarod Bona Some lawyers focus on litigation. Other lawyers spend their time on transactions or mergers & acquisitions. Many lawyers offer some sort of legal counseling. And another group—often in Washington, DC or Brussels—spend their time close to the government, usually either administrative agencies or the legislature. But your friendly antitrust attorneys—the superheroes of lawyers—do all of this. That is part of what makes practicing antitrust so fun. We…
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Author: Jarod Bona This website is called The Antitrust Attorney Blog, not the Appellate Attorney Blog. But I have combined an appellate practice with my antitrust practice my entire legal career and we do a lot of appellate work at Bona Law. So sometimes we address appellate, writing, and briefing issues here. I previously wrote about why you should hire an appellate lawyer. And mused about what is great legal writing. Here…
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Author: Luis Blanquez Antitrust and competition law is a global issue. Markets that could be national are often global instead (because if they aren’t naturally local, there usually isn’t reason to stop at a country’s borders). Bona Law embraces this international reality. That is part of what attracted me to the firm upon my arrival in the United States after 15 years of practicing antitrust and competition law in Europe. We can help clients…
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Maybe everyone really is conspiring against you? If they are competitors—that is, they have a horizontal relationship—they may be committing a per se antitrust violation. A group boycott occurs when two or more persons or entities conspire to restrict the ability of someone from competing. This is sometimes called a concerted refusal to deal, which unlike a standard refusal to deal requires, not surprisingly, two or more people or entities. A group boycott can…
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Author: Jarod Bona You might have a Lanham Act claim if your competitor is making false statements to promote its products or services in a way that deceives customers and injures you because you lost business, for example, as a result. Although many people think of the Lanham Act as a trademark statute—and it is—it also allows competitors to sue each other for false advertising. So the Lanham Act is on the battlefield…
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Author: Jarod Bona Just because your company isn’t based in the United States doesn’t mean it can ignore US antitrust law. In this interconnected world, there is a good chance that if you produce something, the United States is a market that matters to your company. For that reason, I offer five points below that attorneys and business leaders for non-U.S. companies should understand about US antitrust law. But maybe you aren’t from a foreign…
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Author: Jarod Bona Have you ever considered the idea that your business would be much more profitable if you didn’t have to compete so hard with that pesky competitor or group of competitors? Unless you have no competition—which is great for profits, read Peter Thiel’s book—this notion has probably crossed your mind. And that’s okay—the government doesn’t indict and prosecute the antitrust laws for what is in your mind, at least not yet. But,…
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Author: Jarod Bona As an attorney defending an antitrust class action, your job is to get your client out of the case as expeditiously and inexpensively as possible. There are several exit points. For example, with a little help from the US Supreme Court’s Twombly decision, you might find your way out with a motion to dismiss, asserting (among other potential arguments) that plaintiffs fail to allege sufficient allegations that a conspiracy…
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The FTC Headquarters in Washington, DC. The cornerstone to the building was laid in 1937 by Franklin Roosevelt, reportedly using the same trowel George Washington used to lay the cornership of the U.S. Capital in 1793. In the spirit of competition, the National Gallery of Art has set its sights on expanding into the FTC building, and in 2016, the General Services Adminsitration has been investigating the proposal. The FTC has strongly resisted this form…