Steven J. Cernak

Since the premerger notification program of Hart-Scott-Rodino (HSR) was passed in 1976, challenges to consummated mergers in the U.S. have dwindled and for good reason:  Under HSR, antitrust…

Last month, the Seventh Circuit in Viamedia Inc. v. Comcast Corp.[1] found that refusal to deal claims can still be successfully alleged under Sherman Act Section 2 if plaintiff’s allegations mirror…

Steven J. Cernak[1] For this panel, we have been asked to revisit now-Judge Frank Easterbrook’s seminal 1984 article, “Limits of Antitrust”. Is it still an appropriate guide to antitrust enforcement,…

Living Essentials LLC, the maker of 5-hour Energy drinks, has faced two recent suits in California federal courts alleging violations of Robinson-Patman’s prohibitions on price and promotional…

“We’re living in a moment where an increasing share of our commerce and communications are being mediated by a handful of dominant platforms, and that has huge ramifications for competition in ways…

The Federal Trade Commission’s new Economic Liberty Task Force, launched by FTC Acting Chairman Maureen Ohlhausen, is an important step that addresses concerns from this blogger and others that the…

On January 25, 2017, the Trump administration designated Commissioner Maureen Ohlhausen as Acting Chairman of the Federal Trade Commission. Because Ohlhausen has been a Commissioner since 2012 (and…

Like students going back to school, members of the antitrust community returned last week from summer vacations and started debating the finer points of antitrust policy at various conferences. As is…

Occupational licensing has been under antitrust attack in the last several years, from two Supreme Court cases narrowing the state action exemption to numerous reports on local regulations such as…