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Articles Posted in FTC

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Can You Make Money From an Antitrust Hedge Fund?

So here’s an idea. Let me know what you think: A hedge fund or other investment vehicle centered on antitrust analysis. I’ll explain. As you might know, I am an antitrust attorney. And I write a blog on antitrust and competition law. So, as you may expect, I follow antitrust…

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Antitrust Law as a Negotiating Tool and the Pursuit of Family Dollar Stores

When you are a law student, you don’t usually understand that most cases are just one of several business tools that are companies utilize to advance their interests in the marketplace. You might think that cases are academic-like exercises that reach either trial or some appellate court (perhaps after a…

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We Filed a US Supreme Court Amicus Brief Supporting Antitrust Lawsuits Against Licensing Boards

By Jarod Bona and Aaron Gott We filed an amicus curiae brief with the U.S. Supreme Court on behalf of We All Help Patients, Inc. in North Carolina State Board of Dental Examiners v. FTC, a federal antitrust case challenging anticompetitive conduct by professional-licensing boards. Let us tell you a little…

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The FTC Orders Ski-Equipment Companies to Start Competing Again

Sometimes competition is a real hassle. If your company has a loyal customer or longtime employee, you feel betrayed when a competitor swoops in to try to “steal them.” If you are the Miami Heat, you probably don’t like that the Cleveland Cavaliers are trying to hire your best player,…

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Does My Company’s Loyalty-Discount Program Violate Antitrust and Competition Laws?

This article is cross-posted in both English and French at Thibault Schrepel’s outstanding competition blog Le Concurrentialiste. Like most antitrust issues today, questions about loyalty discounts are relevant across the globe as competition regimes and courts grapple with the best way to address them. Companies like to reward their best customers with discounts. It happens…

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Building an Antitrust and Competition Policy: Where to Begin

Let’s pretend that you are starting the new year with an exciting opportunity: You were just named general counsel of a multi-national corporation with several market-leading products. You received lots of congratulations, high-fives, and kudos during holiday parties and family get-togethers, but you can’t help but start to think about the…