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Why You Should Consider Filing an Amicus Brief in an Appellate Case
Author: Jarod Bona An amicus curiae brief is filed by a non-party—usually in an appellate court like the US Supreme Court—that seeks to educate the court by offering facts, analysis, or at least a...
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Who is Capable of Conspiring to Violate the Antitrust Laws?
Author: Jarod Bona When you think about Sherman Act Section 1 antitrust cases (the ones involving conspiracies), you usually consider the question—often framed at the motion to dismiss stage as a...
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The Federal Trade Commission and its Ability to Seek Restitution or...
Author: Jarod Bona The US Supreme Court in AMG Capital Management, LLC v. Federal Trade Commission ends, at least for now, the FTC’s habit of seeking monetary damages in court as part of requests for...
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Alston v. NCAA: Helpful for Future Antitrust Defendants?
Author: Steven J. Cernak[1] On June 21, 2021, the U.S. Supreme Court affirmed lower court decisions and held that certain NCAA restrictions on educational benefits for student-athletes violated...
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Classic Antitrust Cases: National Society of Professional Engineers v. United...
Author: Jarod Bona As an antitrust attorney, over time you see the same major cases cited again and again. It is only natural that you develop favorites. Here at The Antitrust Attorney Blog, we, from...
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Classic Antitrust Cases: Leegin and Resale-Price Maintenance Agreements
Author: Jarod Bona Some antitrust questions are easy: Is naked price-fixing among competitors a Sherman Act violation? Yes, of course it is. Indeed, it is a per se antitrust violation. But there is...
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Axon, Altria, Illumina, and Administrative Law: What an Antitrust Lawyer...
Authors: Steven Cernak and Aaron Gott Last week, the U.S. Supreme Court ruled against the Federal Trade Commission and allowed Axon Enterprise to raise certain constitutional objections to FTC...
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Agencies Issue New Draft Merger Guidelines and Create More Classic Antitrust...
Authors: Steven Cernak and Luis Blanquez On July 19, 2023, the FTC and DOJ Antitrust Division issued the draft of their long-anticipated Merger Guidelines. Like prior iterations, these Guidelines are...
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More “Suddenly Classic” Antitrust Cases from the New Merger Guidelines:...
Authors: Steven Cernak and Luis Blanquez As we explained in a prior post, the new draft merger Guidelines issued recently by the FTC and DOJ cite to several older court opinions that might not be...
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Still More “Suddenly Classic” Antitrust Cases from the New Merger Guidelines:...
Authors: Steven Cernak and Luis Blanquez As we explained in a prior post, the new draft merger Guidelines issued recently by the FTC and DOJ cite to several older court opinions that may be unfamiliar...
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