The One Antitrust Article You Must Read Now

Apologies for the clickbait headline but all antitrust practitioners and policymakers should read Complexity-Minded Antitrust by Nicolas Petit and Thibault Schrepel. In their short article, the authors suggest a potentially radical new way to think about the competition that antitrust law is designed to protect. Written to raise more questions than answers, the article should get us […]

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What this Antitrust Attorney Thinks about Bitcoin and How it Enhances Energy-Market Competition and Innovation

Author: Jarod Bona I believe that Bitcoin is the enemy of tyranny and the greatest invention of the 21st century. Its detractors tend to either not understand Bitcoin or believe that the people are best when they are controlled and manipulated. Maybe that was a little hyperbolic? I don’t care. The truth is that I am still learning. I am […]

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Don’t Let Antitrust Stick a Fork in Your Blockchain

“The blockchain did it” is unlikely to be a winning defense in an antitrust suit.  That, combined with the current enforcement (and legislative) trends targeting digital platforms, counsels that companies choosing to adopt blockchain as, or in, their business, be cognizant of how the antitrust laws may be applied. Perhaps even more so than other […]

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Antitrust Merger Thresholds Increased and Merger Guidelines Being Updated; More Changes Coming Soon?

As we have discussed in several recent posts, the FTC has made several changes to the merger antitrust review process. This month, the FTC made two more changes, one completely expected and one hinted at in other recent announcements. HSR Thresholds Updated As expected — in fact, required by statute — the FTC announced the annual update to […]

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DOJ Antitrust Division “Absolutely” Prepared to Criminally Charge Illegal Monopolization Conduct

The U.S. Department of Justice Antitrust Division made waves recently by indicating that it is prepared to bring criminal charges for illegal monopolization, something it has not done in over 40 years. Speaking at the American Bar Association’s National Institute on White Collar Crime on March 2, Deputy Assistant Attorney General Richard Powers said that, while he was not […]

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Antitrust Group Boycotts: My Competitors are Conspiring Against Me

Author: Jarod Bona Maybe everyone really is conspiring against you? If they are competitors with each other—that is, if 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 to compete. This is sometimes called a […]

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Don’t Let Antitrust Stick a Fork in Your Blockchain

Author: Pat Pascarella The blockchain did it” is unlikely to be a winning defense in an antitrust suit.  That, combined with the current enforcement (and legislative) trends targeting digital platforms, counsels that companies choosing to adopt blockchain as, or in, their business, be cognizant of how the antitrust laws may be applied. Perhaps even more so […]

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Merger Control in Russia

Authors: German Zakharov and Dmitry Domnin German Zakharov is a Partner of the Competition/Antitrust and Foreign Direct Investments Practices at ALRUD Law Firm. German supports clients on a wide range of antitrust issues: coordination of merger control transactions with Federal Antimonopoly Service of the Russian Federation (FAS Russia), cartel investigations, advising on distributorship agreements, and analyzing compliance of […]

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Choice of Law, Antitrust Class Actions, and the Value of State Inaction

When you defend antitrust class actions in federal court like we do, you often see a long list of state antitrust claims brought by what are called indirect purchasers. That is because the federal antitrust laws have this strange quirk that usually forbids federal antitrust claims for damages by indirect purchasers. You can read more about the history of how […]

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Antitrust Merger Thresholds Increased and Merger Guidelines Being Updated; More Changes Coming Soon?

Authors: Steven J. Cernak and Luis Blanquez   As we have discussed in several recent posts, the FTC has made several changes to the merger antitrust review process. This month, the FTC made two more changes, one completely expected and one hinted at in other recent announcements. HSR Thresholds Updated As expected — in fact, required by statute — the […]

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2021 Antitrust Developments Affecting Distribution That Flew Under the Radar

Author:  Steven J. Cernak Recently, I was researching 2021 antitrust developments to update my Antitrust in Distribution and Franchising book and draft a long article for another publication. That research confirmed that new government antitrust enforcers and their actions gathered the most attention last year — but this blog covered those issues already, such as here and here and here. This post discusses […]

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