Author: Nicolas Petit
This is a guest post from noted antitrust and competition law scholar Nicolas Petit. Petit is a Professor of Competition Law in the Department of Law at the European University Institute. He is also the co-founder of the Dynamic Competition Initiative with the University of California – Berkeley. Longtime blog readers
The Antitrust Attorney Blog
Blog Authors
Latest from The Antitrust Attorney Blog
Big Thoughts at the Antitrust Big Spring Meeting Week
By Bona Law PC
Author: Steven Cernak
Years ago when I was working in-house at General Motors, one of my bosses asked just what it was that I did at all those ABA Antitrust Section meetings I attended: “Seems like you just go to nice places and think big thoughts.” He did not mean it as a compliment.
This…
Quick Update on Algorithmic Pricing: Yardi and the “Per Se” Standard
By Bona Law PC
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 Algorithmic Price-Fixing in its Antitrust…
Could Elon Musk Acquire TikTok Under a Joint Operating Agreement Exception to the Antitrust Laws?
By Bona Law PC
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 could you head off…
Antitrust Agency Publishes Revised HSR Notification Thresholds and Filing Fees For 2025
By Bona Law PC
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 to submit certain information and…
The Third Circuit Rejects a Fraud Exception to the Noerr-Pennington Exemption from Antitrust Liability
By Bona Law PC
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 licensed manufacturer of mumps vaccines…
Understanding Antitrust Scrutiny: Lessons from United States v. American Airlines and JetBlue
By Bona Law PC
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 of review for evaluating…
How Do Oligopolies Affect Competition?
By Bona Law PC
Author: Ruth Glaeser
Recent news highlights a growing focus on government antitrust enforcement cases against companies accused of monopolizing markets and abusing their power. But let’s consider another question: if a company lacks sufficient market power to qualify as a monopolist, but competes with only one or a handful of other companies, how does…
Unpacking the Implications of the FTC’s Antitrust Case Against Amazon for Online Marketplace Competition
By Bona Law PC
Author: Sabri Siraj
The Federal Trade Commission has survived a motion to dismiss in a high-stakes lawsuit against Amazon, igniting critical discussions about competition in the online marketplace. As a dominant player in global e-commerce, Amazon’s practices have long affected both consumers and competitors. Will this case change those practices or otherwise have implications for…
Dividing Markets and Customers: Are Market Allocation Agreements Per Se Antitrust Violations?
By Bona Law PC
Author: Jarod Bona
Have you ever considered the idea that your business would be much more profitable if you didn’t have to compete so hard with that pesky competitor or group of competitors?
Unless you lack competition—which is great for profits, read Peter Thiel’s book—this notion has probably crossed your mind. And that’s okay—the…
