Author: Luis Blanquez Summer is over and everyone is back at the office. If you’ve been enjoying some days off, you’ve probably missed what happened recently in the algorithmic-pricing space in the US. And, as always, we had a very busy summer here. First, there is a new case from…
Author: Ruth Glaeser The Seventh Circuit Court of Appeals reversed an injunction that would have allowed University of Wisconsin–Madison football player Nyzier Fourqurean to play a fifth season, ruling that his antitrust allegations failed to clearly define the relevant market. Background from the Seventh Circuit’s Opinion UW-Madison footballer Nyzier Fourqurean…
Author: Steven Cernak On July 11, the Department of Justice Antitrust Division filed a Statement of Interest in a private lawsuit alleging anticompetitive collusion among defendants like The Washington Post and with non-defendants like X to suppress certain views on COVID and U.S. politics. DOJ’s move generated unpleasant surprise among…
Authors: Jack Prindle and Steve Cernak Note: Jack Prindle is a student at the University of Virginia School of Law joining Bona Law for the summer. The DOJ’s Antitrust Division would like to remind everyone that it will not be going anywhere. Despite expectations in some quarters of laxness surrounding…
Author: Steven Cernak Last week, the FTC voluntarily dismissed its Robinson-Patman Act case against Pepsi that it filed in January. The dismissal and the Commissioner statements accompanying it hinted that the FTC’s determination to revive Robinson-Patman will not be as strong in the Trump Administration. Short and Recent History of…
Author: Luis Blanquez In simple terms algorithmic pricing takes place when competitors make use of a software platform to share competitively sensitive information, which the pricing algorithm uses to recommend prices for all users. Algorithmic pricing has been in the antitrust spotlight over the past few years. The FTC has…
Authors: Pat Pascarella and Aaron Gott The idea of Elon Musk purchasing TikTok might sound like a headline ripped from a speculative business column, and maybe it is. But as antitrust lawyers, we couldn’t resist. Obviously, Mr. Musk already owns X, and any such acquisition might raise antitrust concerns. But…
Authors: Steven Cernak and Luis Blanquez On January 10, 2025, the Federal Trade Commission (FTC) issued its usual annual announcement to increase the Hart-Scott-Rodino (HSR) Act thresholds. The 2025 thresholds will take effect 30 days after publication in the Federal Register, which means February 10, 2025. HSR requires the parties…
Author: Ruth Glaeser The Third Circuit Court of Appeals held that Merck is exempt from antitrust claims under the Noerr-Pennington doctrine in a lawsuit accusing it of deceiving the government about the effectiveness of its mumps vaccine to prevent competition. Background from the Third Circuit’s Opinion Merck was the sole…
Author: Sabri Siraj In a landmark decision, the U.S. Court of Appeals for the First Circuit upheld a district court ruling to permanently enjoin the Northeast Alliance (NEA) between American Airlines and JetBlue Airways. This case offers key insights into the relationship between joint ventures and antitrust and the standards…