Union Andina Webinar: Protect your trademark in the countries of the Andean Community: Peru, Ecuador, Bolivia and Colombia

We will analyze the Andean legislation on the protection of trademarks and the most recent pronouncements of the Court of Justice of the Andean Community and from each country. Sign up here. https://bit.ly/3CyvP9N

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Antitrust Courses Still Can Teach Valuable Practical Skills — If Taught Well

Author:  Steven J. Cernak In addition to being a full-time antitrust attorney at Bona Law PC, I have taught at least one antitrust course every year since 2009 at three different Michigan law schools. As I prepare for another semester, I had reason to return to an article I wrote six years ago. There, I captured my thoughts […]

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Practical Advice for In-House Counsel Amid the Antitrust Sound and Fury

Author: Pat Pascarella The press is awash in reports on proposed amendments to the antitrust laws and heightened, and in some instances targeted, enforcement agendas at the DOJ, FTC, and state AGs’ offices. While the specifics of each may be fascinating to antitrust attorneys and law professors, the sole question on most general counsels’ minds is […]

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The FTC Continues the HSR Antitrust Process’s “Death of a Thousand Cuts”

Authors: Steve Cernak and Luis Blanquez New management at the FTC keeps reviewing all aspects of the Hart-Scott-Rodino (HSR) premerger notification process.  On August 26, the current head of the Bureau of Competition posted a change to a long-standing FTC informal interpretation about how potential HSR filers should view debt repayments when determining if the transaction is large enough to […]

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The FTC Continues the HSR Antitrust Process’s “Death of a Thousand Cuts”

Authors: Steve Cernak and Luis Blanquez New management at the FTC keeps reviewing all aspects of the Hart-Scott-Rodino (HSR) premerger notification process.  On August 26, the current head of the Bureau of Competition posted a change to a long-standing FTC informal interpretation about how potential HSR filers should view debt repayments when determining if the transaction is large enough to […]

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Antitrust Courses Still Can Teach Valuable Practical Skills — If Taught Well

Author:  Steven J. Cernak In addition to being a full-time antitrust attorney at Bona Law PC, I have taught at least one antitrust course every year since 2009 at three different Michigan law schools. As I prepare for another semester, I had reason to return to an article I wrote six years ago. There, I captured my thoughts […]

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Leniency Applications and Limited Liability Under ACPERA

Author: Jon Cieslak I recently wrote about the DOJ Antitrust Division’s Leniency Program, and the benefits it can provide to a company engaged in criminal antitrust conduct. Those benefits can extend beyond a company’s immunity agreement with the DOJ to the civil litigation that frequently follows a DOJ investigation. The civil law benefits of a successful leniency application […]

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FTC Guts Major Benefit of Antitrust HSR Process for Merging Parties

Authors:  Steven J. Cernak and Luis Blanquez On August 3, 2021, the Federal Trade Commission Bureau of Competition announced what might seem like a small technical change to the Hart-Scott-Rodino merger review process: Some proposed mergers would receive form letters at the end of the 30-day initial review period saying that an antitrust investigation remains open and that the FTC might challenge the […]

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Antitrust Political Developments: Biden Administration Issues Executive Order on Competition and Congress Proposes Six New Antitrust Bills

Authors: Luis Blanquez and Steven Cernak Strong winds of change keep blowing in the antitrust world. In the past weeks we’ve witnessed two new major developments in the U.S.: (i) President Biden’s Executive Order to increase antitrust enforcement, and (ii) six antitrust bills issued by the House Judiciary Committee. That’s a lot to summarize in one article, so […]

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Does an Exclusive-Dealing Agreement Violate the Antitrust Laws?

Author: Jarod Bona Sometimes parties will enter a contract whereby one agrees to buy (or supply) all of its needs (or product) to the other. For example, a supplier and retailer might agree that only the supplier’s product will be sold in the retailer’s stores. This usually isn’t free as the supplier will offer something—better services, […]

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Antitrust Law Meets Blockchain and Cryptocurrencies in Court: Lessons Learned on Market Definition and Antitrust Injury from the Bitman Case

Author: Luis Blanquez Following DOJ’s remarks on blockchain, it was only a matter of time until antitrust law and the unstoppable blockchain world would meet in court. And it finally happened some months ago in the complex Bitmain case. In this case a cryptocurrency developer and mining company sued Bitcoin Cash miners, developers, and exchange operators for violating […]

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