Dividing Markets and Customers: Are Market Allocation Agreements Per Se Antitrust Violations?

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 […]

Jarod BonaPartner, Bona Law PC

Dividing Markets and Customers: Are Market Allocation Agreements Per Se Antitrust Violations?

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 […]

Jarod BonaPartner, Bona Law PC

Essential Ethics: Check Out the Latest Developments in Political Law, Public Briefings and Client Workshops

Nielsen Merksamer, a leader in national political law compliance, hosts briefings, workshops and communications to share best practices and recent developments in campaign finance, lobby disclosure and government ethics laws across the nation.  For the latest from our research team, read on… WEEK OF SEPTEMBER 14, 2018 Latest Developments: The Federal Ninth Circuit Court of […]

Challenging Class Action Certification and the Classic Antitrust Case of Comcast v. Behrend

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 […]

Jarod BonaPartner, Bona Law PC

Public Policy Institute of California (PPIC) Elects Steve Merksamer Chair of Its Board of Directors

Nielsen Merksamer is pleased to announce that the board of directors of the Public Policy Institute of California (PPIC) elected Steve Merksamer to serve as its chair. PPIC is a leading nonprofit, nonpartisan think tank, dedicated to informing and improving public policy in California through independent, objective, nonpartisan research. Steve joined PPIC’s board of directors in 2009.

Does a Refusal to Deal With a Competitor Create Antitrust Liability?

Yes, in certain narrow circumstances, refusing to do business with a competitor violates Section 2 of the Sherman Act, which regulates monopolies, attempts at monopoly, and exclusionary conduct. This probably seems odd—don’t businesses have the freedom to decide whether to do business with someone, especially when that person competes with them? When you walk into a store and […]

Jarod BonaPartner, Bona Law PC

Why US Investment Into The UK Is On The Rise

Article featured in Law360  — By Laurie Sanders of Osborn McDerby LLP, San Francisco, and Simon Rous of Ashfords While many leading surveys point to a record Q1 2018 for M&A activity globally, reports on the U.K. element of that surge are less clear. Recent enthusiastic coverage in the British financial press has trumpeted record activity in […]

Laurie A. SandersPartner, Wendel Rosen LLP