Jarod Bona

In a much-anticipated decision, the Supreme Court in FTC v. Actavis held 5-3 that reverse-payment settlements of Hatch-Waxman Act litigation are neither immune from antitrust liability nor presumptively ulawful but rather must…more

Companies accused of antitrust wrongdoing must prepare for a multi-front battle in different courts in different places on different timelines. To survive, they must hire defense counsel with sufficient scale and agility to…more

New Federal Trade Commission Commissioner Joshua D. Wright explained at a recent ABA Antitrust Meeting that his top priorities were to develop a more transparent and evidence-based approach to FTC Section 5 enforcement and to…more

The road to class certification for an antitrust plaintiff just got bumpier. Over the past several years, the US Supreme Court has persistently chipped away at the path's once-smooth surface. The latest hazard for class-action…more

This Daily Journal article analyzes the United States Supreme Court decision of Federal Trade Commission v. Phoebe Putney Health System, Inc, which held that a state's grant of general corporate powers to government entities…more

The United States Supreme Court issued a decision limiting antitrust immunity for state-sanctioned conduct. The Court unanimiously overturned the Eleventh Circuit's ruling allowing Phoebe Putney Health System, Inc. to acquire…more

We argue that the U.S. Supreme Court should apply a market-participant exception to the state-action immunity doctrine. Commercial conduct by state and local government units should be subject to the same antitrust scutiny as…more

In a dramatic departure from the prevailing standard for analyzing the antitrust implications of reverse-payment settlements in Hatch-Waxman Act patent disputes, the Third Circuit has squarely rejected the…more

State and local government restraints, with a few exceptions, receive little attention from the antitrust laws because they are limited by the "state action immunity" doctrine. These public restraints take many forms, from…more

The FTC rejected the North Carolina Dental Board's invocation of state action immunity in response to an FTC lawsuit accusing it of excluding non-dentists from the market for teeth-whitening services…more

As federal antitrust law becomes less interventionist, state antitrust law is filling in some of the gaps. A recent California state predatory pricing decision illustrates this movement. Company counsel should therefore keep…more

The article describes the joys of practicing competition and antitrust law in the present era. In doing so, it explains the competition lawyer's variety of roles (including an international element), connection to the academy,…more

This article analyzes the antitrust exposure for reverse-payment settlement agreements between generic and brand-name pharmaceutical companies, by discussing relevant case law as well as FTC and Department of Justice positions…more

Loyalty discounts pervade our economy, but may expose unsuspecting businesses to antitrust liability. This paper explains that the antitrust law governing these discounts is unclear, confusing, and constantly changing. The…more

The enforcement priorities of the FTC and DOJ Antitrust Division are moving in the opposite direction of antitrust decisions by the United States Supreme Court…more