Author: Jarod Bona At Bona Law, nobody owns any ideas. If I come up with an argument for a brief, it isn’t the Jarod-Bona idea. If a client or a paralegal or a junior attorney or my son tells me that the strategy that I have set on a complex…
The Antitrust Attorney Blog
Six key attributes of an effective antitrust compliance program
Author: Aaron Gott If you haven’t been told you need a strong antitrust compliance program, then you probably haven’t spent much time with an antitrust lawyer. But it’s true: a strong antitrust compliance program will benefit your company in myriad ways. The U.S. Department of Justice Antitrust Division recently announced…
The Capper-Volstead Act Gives Farm Cooperatives a Limited Exemption from Antitrust Liability
Author: Aaron Gott The federal antitrust laws are a decisive proclamation that competition is the best policy—competition leads to better products and services, the greatest value at the lowest price. But, just like with anything else, there are exceptions. Congress and the courts have carved out numerous exceptions from antitrust…
Baseball and the Antitrust Laws Part II: The Owners Strike Back (and Strike Out)
Author: Luke Hasskamp This is the second of a series of articles examining some of the interesting intersections between the law and baseball, with a focus on baseball’s exemption from federal and state antitrust laws. (Though, like the first article, this one does not quite reach the antitrust issues, as…
Baseball and the Antitrust Laws Part I: The Origins of the Reserve Clause
Author: Luke Hasskamp This is the first of a series of articles intended to address some of the interesting intersections between the law and baseball, particularly baseball’s curious exemption from federal and state antitrust laws. More generally, it’s about the struggle between team owners and players since the dawn of…
Indirect Purchaser Antitrust Lawsuits, Illinois Brick, and Apple v. Pepper (Part 1)
Author: Jarod Bona Thanks to a 1977 US Supreme Court case called Illinois Brick v. Illinois, class-action-antitrust plaintiff claims may look strange. You might expect to see named plaintiffs for a class of allegedly injured parties suing defendants (and it is usually multiple defendants) under the federal antitrust laws for…
Is My Restrictive Covenant Legal Under California Law?
Author: Jarod Bona It depends. But probably not. Outside of California, courts may enforce these non-compete agreements arising out of an employment contract. Of course, most courts, no matter what the law and state, view them skeptically. In California, however, the policy against these agreements is particularly strong. A restrictive…
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…
How this Antitrust Lawyer Counsels Clients on Risk in the Business World
Author: Jarod Bona You may not realize this, but a lot of people don’t like lawyers. We even have our own genre of comedy that predates Shakespeare: lawyer jokes. Here is a common example: What do you call 1000 lawyers at the bottom of the ocean? A good start! When you…
Antitrust News: The Department of Justice Wants You to Have a Strong Antitrust Compliance Policy
Author: Jarod Bona You might hear from an antitrust attorney that it is important to have a strong antitrust compliance policy. And you may think to yourself, yes, I suppose it is. Then you go about your over-packed day, periodically seeing from other professionals that whatever their specialty is, you…