Global commerce is by its nature a complex beast and it is inevitable that sometimes disputes arise between companies doing business across the world. As more international deals are signed […]
Read moreCan a Manufacturer Stop Price Gouging by Its Dealers During a Crisis? — The Antitrust Attorney Blog — March 11, 2020 Like many crisis situations, the Coronavirus Pandemic has created concerns and even outcry about price gouging for certain products. If your company manufactures one of these products and your dealers and retailers have suddenly […]
Author: Steven Cernak When I first started practicing antitrust law in the “80’s, the Robinson-Patman Act was already an object of derision.¹ With Chicago School thinking riding high in academia and the courts and antitrust law’s focus shifting to effects on consumers, not rivals, RP cases seemed to be dwindling down to nothing. My colleagues and […]
Your fellow members; Weber & Sauberschwarz the exclusive Competition Law Member in Germany, are pleased to announce an addition of a new practice area of Data Privacy & Security to their IR Global membership. This new position adds further strength to their membership and offers further support for fellow members in the area. Michael Prange will be the […]
Do you or your competitor have a monopoly in a particular market? If so, your conduct or their conduct might enter the territory of the Sherman Act—Section 2—called monopolization. If you are in Europe or other jurisdictions outside of the United States, instead of monopoly, people will refer to the company with extreme market power as “dominant.” Of course, […]
This is part two of an article about the Supreme Court’s 2019 decision in Apple v. Pepper, the classic antitrust cases of Illinois Brick and Hanover Shoe, indirect purchaser lawsuits, and state antitrust claims. If you haven’t read that article, you should because it provides the background for this article. If you read it, but it […]
TOTM: The following is the first in a series of posts by TOTM guests and authors on the politicization of antitrust. The entire series of posts is available here.] This post is authored by Steven J. Cernak, Partner at Bona Law and Adjunct Professor, University of Michigan Law School and Western Michigan University Thomas M. Cooley Law […]
When a seller requires buyers to purchase a second product or service as a condition of obtaining a first product or service, it may run afoul of the federal antitrust laws. This is called a tying arrangement or tying agreement. You can read our article at The Antitrust Attorney Blog on tying here. Importantly, unlike […]
This article is taken from The Antitrust Attorney Blog dated February 1st, 2020. Author: Jarod Bona Some antitrust questions are easy: Is naked price-fixing among competitors a Sherman Act violation? Yes, of course it is. But there is one issue that is not only a common occurrence but also engenders great controversy among antitrust attorneys and commentators: Is […]
LA JOLLA, Calif.–(BUSINESS WIRE)–Bona Law is pleased to announce that it has significantly expanded its media and entertainment law practice by adding two senior attorneys that have spent much of their career representing and advising media and entertainment companies. David C. Codell and Steven Madoff recently joined Bona Law. Between them, they bring over sixty years of experience in Media and […]
LA JOLLA, Calif.–(BUSINESS WIRE)–Bona Law is pleased to announce that it has significantly expanded its media and entertainment law practice by adding two senior attorneys that have spent much of their career representing and advising media and entertainment companies. Boutique firm @BonalawPC dramatically expands media and entertainment industry expertise by adding two senior attorneys with decades of experience […]
While I was the in-house antitrust lawyer for General Motors, outside counsel on several occasions suggested to me that GM should “institute a Colgate program” or “a minimum advertised price (MAP) program.” I am confident that all those lawyers could have helped build a fine Colgate program or another method that would restrict how GM dealers and distributors priced […]
