So you have been invited to your first trade association meeting. Sounds like fun, right? You get a chance to mix and mingle with others in your industry, maybe swap notes with your counterparts at competitors who face the same pressures you do. What could go wrong? A lot, from an antitrust perspective. While […]
Author: Jarod Bona Congress and the federal courts have—over time—created several exemptions or immunities to antitrust liability. The US Supreme Court in National Society of Professional Engineers v. United States explained that “The Sherman Act reflects a legislative judgment that ultimately competition will produce not only lower prices, but also better goods and services.” 435 U.S. 679, 695 (1978). And “[t]he heart […]
Author: Jarod Bona As an antitrust attorney with an antitrust blog, my phone rings with a varied assortment of antitrust-related questions. One of the most common topics involves resale-price maintenance. “Resale price maintenance” is also a common search term for this blog. That is, people want to know when it is okay for suppliers or manufacturers to dictate or participate […]
Author: Jarod Bona As an antitrust attorney with an antitrust blog, my phone rings with a varied assortment of antitrust-related questions. One of the most common topics involves resale-price maintenance. “Resale price maintenance” is also a common search term for this blog. That is, people want to know when it is okay for suppliers or manufacturers to dictate or participate […]
Sometimes, when an individual or business files a federal lawsuit, they are not seeking compensation for a harm that has already occurred. They, instead, might ask the court to stop the defendant from actions that create additional or ongoing harm. And monetary damages might not resolve the plaintiff’s injuries. A court may order injunctive relief prohibiting one or […]
Sometimes, when an individual or business files a federal lawsuit, they are not seeking compensation for a harm that has already occurred. They, instead, might ask the court to stop the defendant from actions that create additional or ongoing harm. And monetary damages might not resolve the plaintiff’s injuries. A court may order injunctive relief prohibiting one or […]
Author: Jarod Bona Congress and the federal courts have—over time—created several exemptions or immunities to antitrust liability. The US Supreme Court in National Society of Professional Engineers v. United States explained that “The Sherman Act reflects a legislative judgment that ultimately competition will produce not only lower prices, but also better goods and services.” 435 U.S. 679, 695 (1978). And “[t]he heart […]
Contrary to the belief of many of today’s businesspeople, antitrust law’s coverage of distribution did not start with Amazon or even the Internet. For decades, manufacturers have sold their products to resellers of all types to increase the distribution of their products. Manufacturers always have been interested in how their products, often with their brands, are resold. […]
Foreward by Andrew Chilvers Businesses across the world are undergoing the biggest remote working experiment since Europeans first sailed from their home ports to set up trading posts in Asia 500 years ago. This time around, however, companies are moving colleagues out of their plush city centre locations to set up offices at home. What […]
Written by Steven Cernak for Washington Legal Foundation’s Legal Pulse. Steves and Sons, Inc. v. Jeld-Wen, Inc. is an unusual antitrust case. A private challenge to a merger, and a consummated one at that. An ordered divestiture. A chance for an appellate opinion on merger law. Department of Justice Antitrust Division review, not once but twice, […]
Author: Jarod Bona The US Supreme Court said in 1986 that “[T]here is a consensus among commentators that predatory pricing schemes are rarely tried, and even more rarely successful.” This was the famous Matsushita Elec. Indus. Co. v. Zenith Radio Corp. case that is known mostly for stating that to survive summary judgment on antitrust conspiracy, a plaintiff […]
Bona Law partner Aaron Gott will speak as a panelist on an upcoming ABA Antitrust Section panel on FTC v. Qualcomm, a case in which a district court held that Qualcomm violated the federal antitrust laws and issued an injunction prohibiting Qualcomm from conduct tying patent licensing to the supply of its chips. Qualcomm appealed, and the case is […]
