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Articles Posted in Antitrust Counseling

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Antitrust and Blockchain Technology: Group Boycotts, the Bitmain case, and the Ethereum “Merge”

Author: Luis Blanquez Blockchain is an emerging technology that is already changing the way companies do business. But this doesn’t precludn companies using such nascent technology frot getting caught in the same old anticompetitive practices subject to the antitrust laws. Before diving into the spectrum of anticompetitive behavior that companies…

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If I Were You…I’d Listen to this Podcast about Antitrust and Employment

Author: Molly Donovan A new episode of the “If I Were You” podcast is here! You can listen to it here. Featuring Bona Law partner Jim Lerner. This Episode Is About: Antitrust and Employment Why: There are employment-related antitrust risks that all in-house lawyers should be aware of. The Five…

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Antitrust for Kids: Tricks, Treats and Tying: A Halloween Antitrust Tale

Author:  Molly Donovan Mr. Potter grows the best pumpkins in town. They’re big and round, perfect for carving, and specially treated with a patented spray that keeps Potter pumpkins squirrel-free for weeks. Genius! Naturally, all the kids in town buy their Halloween pumpkins from Mr. Potter’s farmstand. They’re a bit…

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Does a Minimum Advertised Price (MAP) Policy Violate the Antitrust Laws?

Author: Jarod Bona We see many antitrust issues in the distribution world—and from all business perspectives: supplier, wholesale distributor, authorized retailer, and unauthorized retailer, among others. And at the retail level, we hear from internet and brick-and-mortar stores and consumers. The most common distribution issues that come up are resale-price-maintenance (both…

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If I Were You…I’d Listen to this Podcast about Antitrust and Cannabis

Author: Molly Donovan A new episode of the “If I Were You” podcast is here! You can listen to it here. Featuring Fox Rothschild partner Jayashree Mitra talking all about antitrust and cannabis. This Episode Is About: Antitrust and Cannabis Why: It’s a rapidly growing space ripe for antitrust disputes!…

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Hub-and-Spoke Antitrust Conspiracies and the Classic Case of Toys “R” Us v. FTC

Author: Jarod Bona Like life, sometimes antitrust conspiracies are complicated. Not everything always fits into a neat little package. An articulate soundbite or an attractive infograph isn’t necessarily enough to explain the reality of what is going on. The paradigm example of an antitrust conspiracy is the smoke-filled room of…

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The Colgate Doctrine and Other Alternatives to Resale-Price-Maintenance Agreements

Author: Jarod Bona As an antitrust boutique law firm, we receive a varied assortment of antitrust-related questions. One of the most common topics involves resale-price maintenance. That is, people want to know when it is okay for suppliers or manufacturers to dictate or participate in price-setting by downstream retailers or distributors. I…

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Distribution Agreements: Quick Look at What’s New on Vertical Agreements and Antitrust in the European Union

Authors: Luis Blanquez and Steve Cernak The adoption of the new Vertical Block Exemption Regulation and Guidelines has created a hectic few months in the European Union for those in the world of antitrust and distribution agreements. 1. The European Commission updates existing vertical rules On May 10, 2022, the…

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Resale Price Maintenance, Horizontal Conspiracies, and Antitrust Law

Author: Jarod Bona If you are looking for controversy, you came to the right place. Today, we discuss resale price maintenance, one of the most contentious issues in all of antitrust. If you look around and see a bunch of antitrust economists, hide your screen so they don’t start arguing with…

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If I Were You…I’d Listen to this Podcast about Minimum Advertised Pricing Programs (Episode 2)

Author: Molly Donovan We recently released episode 2 of our “If I Were You” podcast. You can listen to this episode about minimum advertised prices here. Featuring Bona Law partner Steve Cernak. Or read our blog version now: This Episode Is About: Minimum Advertised Pricing (MAP) Programs Why:  We get…