Jarod Bona

4275 Executive Square Suite 200  La Jolla, CA 92037, United States

  • 858-964-4589

Your loyalty discounts and rebates may violate antitrust and competition laws

This article describes the antitrust and competition standards across the globe that various jurisdictions apply to loyalty discounts and rebates…more

Bloomberg Law: Actavis Court Requires Case-by-Case Analysis of Anticompetitive Effects of Reverse-Payment Settlements

This article analyzes the US Supreme Court's recent antitrust decision in FTC v. Actavis, which held that that courts should apply the rule of reason in analyzing reverse-payment settlements. …more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Health, Intellectual Property

Book Review: The Global Limits of Competition Law (Global Competition Law and Economics Series, Stanford University Press)

This European Competition Law Journal article reviews "The Global Limits of Competition Law," edited by Ioannis Lianos and D. Daniel Sokol. It is the first book in the Stanford University Press Series, Global Competition Law and…more
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Conflict of Laws, Intellectual Property

Justices say pay-for-delay deals with generic drug makers subject to antitrust 'rule of reason'

In Federal Trade Commission v. Actavis, the Supreme Court held 5-3 that trial courts must apply the traditional "rule of reason" to determine whether reverse-payment settlement agreements between Pharmaceutical Brand companies…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Health, Science, Computers, & Technology

Supreme Court in Actavis: analyze reverse-payment settlements' anticompetitive effects case by case

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
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

US High Court Takes on State Antitrust Action Removability Case

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
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Constitutional Law, Consumer Protection

New FTC Commissioner Prioritizes Transparency in Enforcement

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
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Constitutional Law, Consumer Protection

Road to class certification gets bumpier

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
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Consumer Protection, Products Liability

High court scales back antitrust exemption

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
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Health, Mergers & Acquisitions

FTC v. Phoebe Putney Health System, Inc.: Supreme Court rules state law does not offer blanket protection from antitrust laws

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
| Administrative Law, Antitrust & Trade Regulation, Health, Mergers & Acquisitions
Federal Trade Commisssion v. Phoebe Putney Health System, Inc. (US Supreme Court)

Brief of National Federation of Independent Business as Amicus Curiae

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
| Antitrust & Trade Regulation, Constitutional Law

Third Circuit rekindles uncertainty in patent settlements under Hatch-Waxman Act

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
| Antitrust & Trade Regulation, Intellectual Property

The Antitrust Implications of Licensed Occupations Choosing Their Own Exclusive Jurisdiction

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
| Administrative Law, Antitrust & Trade Regulation

State Licensing Agency Must Also Face Antitrust Scrutiny, FTC Rules

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
| Administrative Law, Antitrust & Trade Regulation

State Antitrust Law Fills Federal Void

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
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure
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Areas of Practice
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