Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Bona Law PC
How Phhhoto v. Meta Turned the Nascent Competitor Theory into a Weapon Against Big Tech
Author: Luis Blanquez A federal court recently handed antitrust plaintiffs something they have lacked for two decades: a monopolization theory against a dominant platform that survives a motion to dismiss. On March 30, 2026, the Eastern District of New York allowed Phhhoto’s monopoly maintenance claim against Meta to move into discovery.
Beyond the DOJ Complaint: Potential Exclusionary Conduct Theories in the Apple Ecosystem
Authors: Pat Pascarella & Luke Hasskamp Recent proceedings involving Apple Inc.—including the U.S. Department of Justice case and Epic Games v. Apple—together with developments in AI markets, suggest an evolving framework for platform-focused antitrust analysis. This article considers how those threads may fit together. I. The DOJ Has Done Substantial Groundwork
Key Development in the Nonstatutory Labor Exemption to the Antitrust Law
Author: Steven Cernak U.S. antitrust laws make exceptions for certain actions by employees and employers in the collective bargaining context. The limits of those exemptions are not perfectly clear. Earlier this month, a district court seemed to clarify and expand the so-called nonstatutory exemption for activities by employers. Labor Exemption Basics Between 1890 and 1914, courts generally viewed as illegal under the Sherman Act concerted activities by employees to obtain union recognition.
Germany’s Competition Authority Sanctions Amazon Over Its Control of Seller Pricing on its Marketplace
Author: Luis Blanquez On 5 February 2026, Germany’s competition authority, the Bundeskartellamt, announced a landmark ruling prohibiting Amazon from continuing practices that influenced how independent sellers priced their products on the German Amazon Marketplace. The authority also ordered Amazon to disgorge €59 million in economic benefits that it determined were gained through these anticompetitive practices.
Protein Bars, Market Definition and Injunctions
Author: Steven Madoff As an avid runner, I am always looking for the perfect protein bar. A great protein bar must find the balance between taste and texture on the one hand and nutritional value and low-caloric content on the other. Usually, a certain amount of fat is needed for a savory taste and smooth texture, but that also often increases the bar’s calorie count. So, it was interesting to discover an antitrust case involving this particular dilemma.
Algorithmic Pricing: First Appellate Decision, Settlement, and New Legislation (Part 2)
Author: Luis Blanquez The first part of this article discussed the Dai v. SAS Inst. Inc case, where plaintiffs alleged the inference of a horizontal agreement by the group of Hotel Operators using IDeaS’s software. There, the Northern District of California again confirmed the difficult standard for algorithmic pricing at the motion to dismiss stage.
Can States Grant Federal Antitrust Immunity? Part 1: Why California’s New Gig-Driver Law Won’t Survive Parker
Author: Aaron Gott California Governor Gavin Newsom recently signed AB 1340 into law, a bill that purports to give more than 800,000 California rideshare drivers the right to unionize and bargain collectively over pay and working conditions. Some are celebrating the statute as a political and policy breakthrough. In press statements, supporters called the measure a victory for “dignity and fairness” and proof that government can “deliver” where federal leaders cannot.
More Views on Antitrust and Dynamic Competition
Author: Steven Cernak This blog has discussed dynamic competition several times recently, such as here and here. Very roughly, the idea is that innovation is the big driver of wealth creation and happens in a longer, more complex way than captured by neo-classical economics and some antitrust precedent.
Antitrust in Labor Markets
Authors: Ruth Glaeser and Steven Cernak In her first major speech since taking the helm of the Justice Department’s Antitrust Division, Assistant Attorney General Gail Slater spotlighted a growing concern: the power imbalance in America’s labor markets.
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 will remember that I have reviewed Petit’s work before, both here and here.
Could Elon Musk Acquire TikTok Under a Joint Operating Agreement Exception to the Antitrust Laws?
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 those concerns by structuring the deal with an exception to the antitrust laws known as a Joint Operating Agreement?
Bona Law Defends Summary Judgment Win At Ninth Circuit In Antitrust Case About Internet Censorship By Pharmacy Groups
SAN DIEGO, Sept. 25—In a brief submitted to the Ninth Circuit on Monday, September 16, 2024, Bona Law argued that a federal district court was correct to deny summary judgment in a long-running antitrust case that alleges a conspiracy among internet gatekeepers to keep information about drug pricing and alternative online pharmacies from reaching consumers.
The Apple Store is in the Crosshairs of US and EU Antitrust and Competition Enforcers
Author: Luis Blanquez Apple is currently feeling the heat from antitrust authorities all over the world. Probably more than ever. Below is an article we recently published in the Daily Journal discussing in some detail the last developments in the Epic Games saga, both in the EU and the US. Epic Games Has Returned to the Apple Store. Will Apple Throw a Hail Mary?
Bona Law Members Help Lead the 2024 ABA Antitrust Law Section Spring Meeting
Authors: Steve Cernak, Kristen Harris, Pat Pascarella, Ruth Glaeser, Luis Blanquez The American Bar Association Antitrust Law Section’s annual Spring Meeting in Washington DC is April 10-12 this year. Each year, the Spring Meeting has dozens of panels and events and generates numerous receptions — formal and informal — as about 4000 antitrust practitioners and enforcers flock to Washington.
Antitrust for Kids-Anatomy of a Chocolate Cartel (an Antitrust Review of the movie Wonka)
Author: Aaron Gott There are a lot of lessons you can learn from Wonka. It’s a story about how ingenuity, determination, selflessness, and teamwork can overcome the oppressive adversity of a system that serves entrenched interests. But it’s also a story about a chocolate cartel. And that offers its own lessons, too. Just ask my four kids, who now understand what I do all day (though I may have overplayed the chocolate-related aspect).
Antitrust for Kids-Anatomy of a Chocolate Cartel (an Antitrust Review of the movie Wonka)
Author: Aaron Gott There are a lot of lessons you can learn from Wonka. It’s a story about how ingenuity, determination, selflessness, and teamwork can overcome the oppressive adversity of a system that serves entrenched interests. But it’s also a story about a chocolate cartel. And that offers its own lessons, too. Just ask my four kids, who now understand what I do all day (though I may have overplayed the chocolate-related aspect).
Antitrust for Kids: The Best Unfair Valentine Competition Ever
Author:Molly Donovan For adults, it’s the worst idea imaginable for a holiday, but for second graders, Valentine’s Day is great—decorating mailboxes, making paper cards and distributing treats to all your friends. This year the second graders had an idea for making Valentine’s Day even better: a contest to see who can make the best Valentine’s cards! The kids would vote for one winner after sorting through all the cards to judge whose was most creative and best executed.
Best Practices for Merger Reviews before the Federal Agencies and the California Attorney Generals’ Office
Author: Paul Moore2 Introduction Over the past several decades State Attorneys General have become increasingly involved in merger reviews in tandem with the Federal Trade Commission and/or the U.S. Department of Justice’s Antitrust Division (the Regulatory Agencies). This increase in state merger reviews has been in parallel with states raising their merger and non-merger profile and general antitrust enforcement efforts statewide and nationally.
Did You Receive an FTC or DOJ Subpoena? Be Sure To Preserve Everything Ephemeral
Authors: Steven Cernak & Molly Donovan The Federal Trade Commission and the Department of Justice are reminding companies that, in responding to grand jury subpoenas and second requests, there is an obligation to preserve data and communications created using “new methods of collaboration and information sharing tools, even including tools that allow for messages to disappear via ephemeral messaging capabilities.” The government has specifically called out Slack, Microsoft Teams and Signal as...
Antitrust Agency Publishes Revised HSR Notification Thresholds and Filing Fees For 2024
Authors: Steven Cernak and Luis Blanquez On January 22, 2024, the Federal Trade Commission (FTC) issued its usual annual announcement to increase the Hart-Scott-Rodino (HSR) Act thresholds. The 2024 thresholds will take effect 30 days after publication in the Federal Register, which is expected soon, so the thresholds likely will be effective in late February. HSR requires the parties to submit certain information and documents and then wait for approval before closing a transaction.
Best Antitrust Practices for Exchanging Competitive Information via Third Parties
Authors: Steve Cernak & Molly Donovan There is no guaranteed safety zone for exchanging competitively sensitive information amongst competitors. Practices once deemed relatively safe—like subscribing to a third-party data services provider to manage the exchange—now carry increased risks.
Five Key Takeaways from Fifth Circuit’s Illumina Merger Review Opinion
Author: Steven Cernak On December 15, 2013, the Fifth Circuit remanded to the FTC its order requiring Illumina to divest its re-acquired subsidiary, Grail. Despite the remand, the opinion is a big win for the FTC. Below, we offer five takeaways for future merging parties and their counsel.
Five Key Takeaways from Fifth Circuit’s Illumina Merger Review Opinion
Author: Steven Cernak On December 15, 2013, the Fifth Circuit remanded to the FTC its order requiring Illumina to divest its re-acquired subsidiary, Grail. Despite the remand, the opinion is a big win for the FTC. Below, we offer five takeaways for future merging parties and their counsel.
Does the NBA have an antitrust problem? A rival basketball league may think so.
Authors: Luke Hasskamp & Molly Donovan NBA action is FAN-TASTIC! Unless, of course, the action is one brought by the Department of Justice in a different kind of court. But that may be exactly where the NBA finds itself: the DOJ is reportedly investigating the professional basketball association for alleged antitrust violations.
$1.8 Billion Antitrust Verdict Against Realtor Groups Provides Lessons for Brokerages, Realtor Associations, and Multiple Listing Services Nationwide
Authors: Molly Donovan & Aaron Gott A Missouri jury awarded a class of home sellers $1.8 billion dollars in finding that the National Association of Realtors (“NAR”) and some of the nation’s largest real estate brokerages “conspired to require home sellers to pay the broker representing the buyer of their homes in violation of federal antitrust law.” At the center of the case was NAR’s rule requiring sellers to pay a non-negotiable commission awarded to the buyer’s broker at a transaction’s...
Antitrust for Kids: Watch Out for Predatory Halloween…Pricing!!
Author:Molly Donovan At Argo Elementary, a group of kids gathers daily at lunch to buy and sell candy. The trading activity is a longtime tradition at Argo and it’s taken very seriously—more like a competitive sport than a pastime. Candy trading doesn’t end once a 5th grader graduates from Argo. It continues across town at Chicago Middle School—but instead of lunch, candy trading happens there at the close of each school day.
Tell Me You’ve Never Run An Antitrust Compliance Program Without Telling Me You’ve Never Run An Antitrust Compliance Program
Author: Steven Cernak The Department of Justice’s challenge of certain Google actions raises interesting antitrust questions. But during the first week of the trial, the biggest issue seemed to be one aspect of Google’s antitrust compliance program.
MMA & Monopsony: MMA Fighters Win Class Certification Bout in Employment Monopolization Case
Authors: Luke Hasskamp & Molly Donovan In yet another important labor-monopsony case, a federal court in Nevada has declared a win for MMA athletes fighting against their promoter’s alleged misuse of monopsony power in the market for acquiring fighters’ services. Class certification has been granted to MMA fighters accusing their promoter of locking them into exclusive contracts that deterred fighters’ mobility and suppressed their wages for fighting bouts. Cung Le v.
Bid Rigging in the Construction Industry: The California Department of Transportation and Michigan Asphalt Paving Cases
Author: Luis Blanquez What is Bid-rigging? The DOJ describes bid rigging as an agreement among competitors as to who will submit the most competitive bid and who won’t, i.e., who should win and who should lose, in a competitive bidding situation. Typically, bid rigging occurs when a purchaser solicits bids to purchase goods or services, and the bidders agree in advance who will bid what. The desired result is that the purchaser pays a supracompetitive price.
California Gets Even Tougher on Non-Competes
Author:Molly Donovan & Luis Blanquez California continues to lead the trend away from non-competes with a new law that packs yet another punch against employers’ use of these very common contractual restrictions on employee mobility. Non-competes—also called restrictive covenants—typically prohibit an employee from taking employment with a rival firm once their current employment has ended. Their enforceability largely depends on their scope and the applicable state law.
McDonald’s & Monopsony: The Seventh Circuit Vacates District Court’s Dismissal of a Per Se No-Poach Theory
Author: Molly Donovan In an opinion written by Judge Easterbrook, and a major win for per se no-poach claims, the Seventh Circuit has vacated a district court’s dismissal of a Sherman Act, Section 1 no-poach claim against McDonald’s.
Antitrust for Kids: Back to School with Tough New Rules-The Draft Merger Guidelines
Author:Molly Donovan You may remember Gordon—in many ways, he was dominant in the 5th grade, and though his behavior was questionable at times, he was very popular. I’m writing this story because Gordon is starting a new school year and has ascended to MIDDLE SCHOOL. Very cool, but very intimidating—even for Gordon. For one thing, there is an entirely new set of rules about how students are supposed to behave.
Lessons from the FTC’s Settlement of the Amgen/Horizon Merger Challenge
Authors: Steven Cernak and Luis Blanquez In case you missed it on the eve of a holiday weekend, the FTC and several states settled their challenge of Amgen’s acquisition of Horizon last Friday. The case might have seemed like an odd one to antitrust and merger practitioners looking only at the last few decades of merger review; however, both the challenge and the settlement offer some lessons for future merging parties — and perhaps even the FTC itself.
How to Deal with U.S. Government Enforcers in Antitrust Investigations
Authors: Jon Cieslak & Molly Donovan Having recently defended an investigation brought by the U.S. Department of Justice Antitrust Division—which was closed without prosecution of our client—we had the opportunity to reflect on ways that lawyers can navigate the high-stakes interactions with government enforcers who are investigating antitrust or other white-collar violations. Those interactions involve a number of fine lines that require real-time judgment calls specific to each situation.
Still More “Suddenly Classic” Antitrust Cases from the New Merger Guidelines: General Dynamics, Marine Bancorporation and Procter & Gamble
Authors: Steven Cernak and Luis Blanquez As we explained in a prior post, the new draft merger Guidelines issued recently by the FTC and DOJ cite to several older court opinions that may be unfamiliar to antitrust practitioners who have been focused for decades exclusively on earlier versions of the Guidelines. In the last post, we covered two such cases, Philadelphia National Bank and Pabst.
More “Suddenly Classic” Antitrust Cases from the New Merger Guidelines: Philadelphia National Bank and Pabst
Authors: Steven Cernak and Luis Blanquez As we explained in a prior post, the new draft merger Guidelines issued recently by the FTC and DOJ cite to several older court opinions that might not be familiar to antitrust practitioners who have been focused for decades exclusively on earlier versions of the Guidelines.
Agencies Issue New Draft Merger Guidelines and Create More Classic Antitrust Cases
Authors: Steven Cernak and Luis Blanquez On July 19, 2023, the FTC and DOJ Antitrust Division issued the draft of their long-anticipated Merger Guidelines. Like prior iterations, these Guidelines are meant to explain to potential merging parties how the agencies will evaluate their proposed transactions. Earlier versions included input from noted experts across the antitrust community and so also proved persuasive to many courts evaluating challenges to mergers by the agencies.
FTC Sues IQVIA To Block Healthcare Programmatic Advertising Acquisition
Authors: Molly Donovan & Steven Cernak The Federal Trade Commission has sued to block IQVIA’s proposed acquisition of Propel Media—a deal the FTC says would combine two of the top three providers of programmatic advertising that target U.S. healthcare providers on a one-to-one basis.
The FTC Keeps Digging Its Own Grave: Microsoft-Activision Merger Deal Can Move Ahead Says Federal Judge in California
Skip to content
The FTC Keeps Digging Its Own Grave: Microsoft-Activision Merger Deal Can Move Ahead Says Federal Judge in California
Authors: Steve Cernak and Luis Blanquez This week a federal judge in California denied a preliminary injunction to block Microsoft’s $68.7 billion merger with Activision Blizzard Inc. Both parties may now move ahead and close the deal––subject to further clearance in the UK and Canada––before the July 18 contractual deadline. The FTC has decided to appeal the Court order. We do not yet know the grounds for the appeal but the Court hammered hard almost every single argument from the agency.
The FTC Keeps Digging Its Own Grave: Microsoft-Activision Merger Deal Can Move Ahead Says Federal Judge in California
Authors: Steve Cernak and Luis Blanquez This week a federal judge in California denied a preliminary injunction to block Microsoft’s $68.7 billion merger with Activision Blizzard Inc. Both parties may now move ahead and close the deal––subject to further clearance in the UK and Canada––before the July 18 contractual deadline. The FTC has decided to appeal the Court order. We do not yet know the grounds for the appeal but the Court hammered hard almost every single argument from the agency.
New York Is Not Okay with Non-Competes
Author: Molly Donovan At the end of June, the New York legislature passed a bill broadly prohibiting employer-employee non-competes, i.e., agreements or contractual provisions in which employers “prohibit or restrict” “covered individuals” from obtaining new employment after the conclusion of their current employment.
End of an Era: The FTC Proposes Significant Changes to the HSR Form
Authors: Steven Cernak and Luis Blanquez During the last week of June 2023, the Federal Trade Commission proposed making the most drastic changes to the Hart-Scott-Rodino form since the form was created in 1978. According to FTC Chair Lina M. Khan’s statement, joined by Commissioners Rebecca Kelly Slaughter and Alvaro M.
End of an Era: The FTC Proposes Significant Changes to the HSR Form
Authors: Steven Cernak and Luis Blanquez During the last week of June 2023, the Federal Trade Commission proposed making the most drastic changes to the Hart-Scott-Rodino form since the form was created in 1978. According to FTC Chair Lina M. Khan’s statement, joined by Commissioners Rebecca Kelly Slaughter and Alvaro M.
Antitrust for Kids: As Rivals Become Friends, The Government Gets Angry (The PGA Mini-Golf Tale Continued)
Authors:Molly Donovan & Luke Hasskamp You may recall Liv, age 8—the new kid. Last we heard, Liv was getting pushed around by Paul, Greg and Adam (“PGA” for short) because she dared to build a mini-golf course in an attempt to challenge PGA’s longstanding position as the best and only mini-golf in town. PGA was not happy about the new competition and unilaterally announced that any kid who played with Liv would be banned from the PGA’s more reputable course.
If I Were You… I'd Listen To This Podcast About Antitrust In Employment Markets In The UK And EU (Podcast) - Antitrust, EU Competition - European Union
Episode Description Guest host Luis Blanquez discusses no-poach, non-solicitation and wage-fixing agreements in the wake of the UK competition authority's recent guidance on how UK employers can avoid anticompetitive behavior. To discuss that guidance and antitrust enforcement more generally in UK and EU employment markets, we welcome special guests Andreas Reindl and Marc Freedman of the law firm Van Bael & Bellis, a leading independent competition firm based in Brussels and London.
If I Were You…I’d Listen to this Podcast about Antitrust in Employment Markets in the UK and EU
Author: Molly Donovan A new episode of the “If I Were You” podcast is ready! You can listen to it here. Featuring guest host Luis Blanquez and guest commentators Andreas Reindl and Marc Freedman of Van Bael & Bellis, a leading independent firm based in Brussels and London with an outstanding competition law practice.
Antitrust, Web3 and Blockchain Technology: A Quick Look into the Refusal to Deal Theory as Exclusionary Conduct
Author: Luis Blanquez A company using a blockchain––or perhaps even the blockchain itself––, with a sizeable share of a market, could be a monopolist subject to U.S. antitrust laws. But monopoly by itself isn’t illegal. Rather, a company must use its monopoly power to willfully maintain that power through anticompetitive exclusionary conduct.
Minnesota is the New California for Non-Compete Agreements
Author: Aaron Gott In May of 2023, Minnesota enacted a new law that broadly bans employee non-compete agreements with few exceptions and also limits the use of forum-selection and choice-of-law clauses in employment agreements. You can read that law here (jump to 66.12). Note: the Federal Trade Commission is also contemplating a ban on employee non-compete agreements, but we don’t know what that will look like until the final rule is published.
Antitrust for Kids: Everyone’s an Expert (So Don’t Overuse Daubert)
Author: Molly Donovan Olive (named for the fruit) is in eighth grade. She’s a very good inventor. For the science fair, Olive developed a simple device that allows students, each morning, to pre-select lunch items, ensuring each student’s preference is available in the lunch line later that day. It’s a simple-looking machine that the school ended up placing in the lobby for actual student use. And the kids loved it. Everyone pre-selected lunch. Why not?
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Bona Law
Contact Bona Law, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack