The Antitrust Litigator

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Ruling Redefines “Rule of Reason” in McDonald’s Antitrust Case

No-poach agreements are a hot topic in antitrust. Both government agencies and private plaintiffs have challenged such agreements. Recently the […]

Unfair Competition Under Section 5 of the FTC Act

Unfair Competition Under Section 5 of the FTC Act

The Federal Trade Commission under Chair Lina Khan has sought to invigorate competition enforcement and rulemaking since President Biden appointed […]

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The Exchange of Information: Per Se or Rule of Reason?

Recently, I attended the ABA Antitrust Section’s Spring Meeting in Washington. One of the hot topics of discussion was the […]

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The FTC Rule Banning Non-Compete Agreements

A hot topic in antitrust today is the FTC’s proposed rule banning non-compete agreements as an unfair method of competition […]

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No-Poach Agreements and Antitrust

No-poach agreements are very much in the antitrust news recently. The Department of Justice and the Federal Trade Commission have […]

Amending the Antitrust Laws to Address Big Tech

Amending the Antitrust Laws to Address Big Tech

In April, I participated in a debate at the Dole Institute of Politics at the University of Kansas. The topic […]

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Antitrust Lessons From Footnotes and Citations

In the summer of 2016, the Federal Judicial Center (FJC), which is the educational arm of the federal courts, approached […]

Epic Games v. Apple: The Antitrust Analysis

Epic Games v. Apple: The Antitrust Analysis

The recent decision by the U.S. District Court of the Northern District of California in Epic Games v. Apple garnered […]

Antitrust Lessons From the Supreme Court’s NCAA Decision

Antitrust Lessons From the Supreme Court’s NCAA Decision

In June, the Supreme Court issued its long-awaited decision in NCAA v. Alston, an antitrust case involving the NCAA’s restrictions […]

Can an Antitrust Agreement Apply to Conduct in One Entity?

Can an Antitrust Agreement Apply to Conduct in One Entity?

Agreement is one of two principal elements of a violation of Section 1 of the Sherman Act. It has been […]

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