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Articles Posted in Competition

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Antitrust and Competition and the Coronavirus Crisis

Author: Jarod Bona The Coronavirus crisis has created an unusual situation for the world, but also for antitrust and competition law. People around the globe are trying to cooperate to solve and move past the crisis, but cooperation among competitors is a touchy subject under antitrust and competition laws. Of…

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Antitrust, Antifragility, Blockchain, and the Department of Justice

Author: Jarod Bona I suspect that Antitrust DOJ head Makan Delrahim and I have had a similar reading list lately. And I am not even referring to any sort of antitrust books, like, for example, Steve Cernak’s book on Antitrust in Distribution and Franchising. Let me explain. I read, with…

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Do We Still Have “Faith in the Value of Competition”?

Author: Steven J. Cernak As I prepare again to teach an antitrust survey course, part of the preparation involves rereading some of the classic foundational U.S. antitrust cases.  Many of them make some sweeping statements about how the Sherman Act embodies a national policy to order our entire economy through…

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Big Tech Hearings: What Do They Tell Us About Amazon and Antitrust?

Author: Steven Cernak The U.S. House Antitrust Subcommittee of the Judiciary Committee’s recent hearings into “big tech” and antitrust were “must see TV” for antitrust attorneys. Over the five hours of testimony, many interesting questions were asked of the leaders of Apple, Google, Facebook, and Amazon; unfortunately, the format often…

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Iatrogenics, the Sad Tale of Dr. Ignaz Semmelweis, and Antitrust Lawyers

Author: Jarod Bona I bet your first question is “What is iatrogenics?” Have you ever gone to the doctor for something minor, only to take the prescribed medication and suffer through side effects that are worse than the initial ailment? Iatrogenics is your net loss in welfare from the doctor.…

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The Republican-Democrat Duopoly: Harvard Business Review Authors Ask for More Competition in Politics

Author: Jarod Bona As antitrust attorneys, we advocate for competition in product and service markets. The US Supreme Court recognizes that “the heart of our national economy long as been faith in the value of competition,” and we agree. But competition matters elsewhere too. We certainly see it in sports.…

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Certificate-of-Need Laws, Evil Trolls, and the Minneapolis Star Tribune

Author: Jarod Bona We do our best to describe antitrust and other legal issues as straightforwardly as possible here. We tend to speak directly and avoid the guarded language that you often see from lawyers elsewhere (a little secret: most big-firm attorneys are afraid of getting in trouble in one…

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COVID-19 Exposes Evil of Anticompetitive State Certificate of Need Laws

Authors: Aaron Gott and Jarod Bona The United States is in lockdown to “flatten the curve” of COVID-19 cases because our hospital system has even less capacity to handle a surge of cases than Italy—where overload has led physicians to have to make tough decisions about which patients deserve treatment…

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Applying the Antitrust Laws to Anticompetitive State and Local Government Conduct

Author: Jarod Bona Lawyers, judges, economists, law professors, policy-makers, business leaders, trade-association officials, students, juries, and the readers of this blog combined spend incredible resources—time, money, or both—analyzing whether certain actions or agreements are anticompetitive or violate the antitrust laws. While superficially surprising, upon deeper reflection it makes sense because…