Jarod Bona concentrates his practice on antitrust litigation and counseling. He has counseled clients on state, federal and international antitrust issues. He also has experience with other complex commercial litigation, including class actions. In addition, he devotes a substantial portion of his practice to appellate litigation in both state and federal courts.
Mr. Bona represents global clients in a wide variety of antitrust matters, including issues arising from intellectual property disputes or settlements, agreements among competitors, loyalty discount and other exclusionary conduct issues, merger and acquisition transactions, resale-price maintenance programs, Noerr-Pennington issues, state-action immunity issues, labor-exemption issues, Robinson-Patman Act issues and government investigations. Mr. Bona has also developed a global antitrust and competition policy for an international trade association, and advises standard-setting organizations on antitrust issues.
He has also represented clients in state and federal appellate courts throughout the country, including the authorship of many amicus briefs.
Mr. Bona won a bench trial, as first chair, for a client involving fraud claims and up to US$2.5 million at stake. In 2012, Mr. Bona played a major role in achieving summary judgment and a Federal Trade Commission dismissal with no action for his client in antitrust challenges to the client’s loyalty discount programs. He also recently filed an amicus brief to the United States Supreme Court on behalf of his client in FTC v. Phoebe Putney Health System, Inc., arguing that a market-participant exception should apply to state-action immunity from the antitrust laws.
Mr. Bona is a frequent commentator on competition developments, and writes several articles each year for a variety of publications. He is also a Non-Governmental Advisor for the Unilateral Conduct Working Group of the International Competition Network, which is an international body devoted exclusively to competition law enforcement with members representing national and multi-national competition authorities. As part of that role, Mr. Bona was an author of the Exclusive Dealing chapter of the group's Unilateral Conduct Workbook for competition authorities.
In 2010, his article "The Diminishing Role of the Private Attorney General in Antitrust and Securities Class Action Cases Aided by the Supreme Court" was honored with the Burton Award for Legal Writing Achievement. The Burton Award is dedicated to the enrichment and refinement of writing in the legal profession and is presented by the Burton Foundation, a nonprofit cultural and academic organization devoted to promoting the legal profession. This article was also cited by Chief District Judge B. Lynn Winmill of the Federal District of Idaho in In re Micron Technology, Inc. Securities Litigation.
Mr. Bona graduated cum laude from Harvard Law School in 2001, where he was a John M. Olin Law and Economics Fellow and Senior Editor of the Harvard Journal on Legislation. He began his legal career by clerking in Minneapolis, Minnesota with Chief Judge James B. Loken of the United States Court of Appeals for the Eighth Circuit. Following his clerkship, he joined the appellate and constitutional law group at Gibson, Dunn & Crutcher in Washington, DC.
Mr. Bona has been named a Rising Star in the 2013 edition of Minnesota Super Lawyers.
Moderator, "FTC v. Actavis, Inc., Practical Implications of the Landmark Supreme Court Decision," Law Seminars International, July 16, 2013
Panelist, "Spring 2013 Town Hall Meeting," American Bar Association Unilateral Conduct Committee teleconference, June 5 2013
Speaker, "FTC v. Phoebe Putney Health System, Practical Implications of the Landmark Supreme Court Decision," Law Seminars International, March 1, 2013
Speaker, "Licensing from an Antitrust Perspective," Occupational Licensing: Protecting the Public or Protectionism?, University of St. Thomas School of Law symposium, hosted by the University of St. Thomas Journal of Law and Public Policy, Minneapolis, February 11, 2011