The Antitrust Litigator with Jeffery Cross

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 […]

antitrust law

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 […]

Refusal to Deal

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

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 […]

Who Decides Arbitrability?

More and more contracts contain arbitration clauses, as parties realize that arbitration can be an efficient and cost-saving way to […]

Compliance Reboot At The Antitrust Division

In my column in the June/July 2014 issue of Today’s General Counsel Magazine, I called on the Antitrust Division to […]

Eliminate The Antitrust Exception To Corporate Charging Guidelines

There is one glaring exception to a Department of Justice policy that considers the existence of a compliance program as a factor in determining whether to charge a corporation with a crime.

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