The Antitrust Litigator

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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 exchange of information. Earlier this […]

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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 under Section 5 of the […]

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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 challenged several such agreements, and […]

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 was whether the antitrust laws […]

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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 me to write a monograph […]

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 a great deal of attention […]

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 on education-related payments to student […]

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 called the sine qua non […]

Refusal to Deal

Generally, the antitrust laws do not require a company to work with or do business with a rival. As early as 1919, the Supreme Court […]

How the Courts Are Enforcing Proportionality in Discovery

In December 2015, Congress and the Supreme Court introduced amendments to the Federal Rules of Civil Procedure designed to control the costs of litigation, particularly […]