Publications
Rubin Writes About DOJ’s Google Remedies for CPI Antitrust Chronicle
MoginRubin Partner Jonathan Rubin‘s article — DOJ Suggests a Framework for Remedies to Pry Power Away from Google — was published in the October 2024…
‘Remedy May Be Google’s Biggest Hurdle Yet in Antitrust Case,’ Jonathan Rubin Writes for Law360
Rubin sees tech development racing ahead of legal actions. The U.S. District Court for the District of Columbia’s Aug. 5 decision holding Google liable for…
Eradicating Anticompetitive Schemes in Your Supply Chain
“You only find out who is swimming naked when the tide goes out.” –Warren Buffet In a perfect world, you have great and honest…
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Why We Fight: The Strategic Value of Antitrust Litigation When Battling Dominant Competitors
“While it is fashionable today to call for mergers and alliances in the name of globalization and the creation of national champions, these often undermine…
Partners Dan Mogin and Jonathan Rubin Published in Law360
MoginRubin partners Daniel Mogin and Jonathan Rubin co-wrote an article, The 9th Circ.s’ Antitrust Class Action Mistake On ‘De Minimus’, which was published today in…
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Partners Jonathan Rubin and Jennifer Oliver Published in Bloomberg Law: FTC and State AGs v. Facebook: Monopolization Law Faces Biggest Challenge in Decades
FTC and State AGs v. Facebook: Monopolization Law Faces Biggest Challenge in Decades By Jonathan Rubin and Jennifer M. Oliver Jan. 13, 2021 “The FTC…
NFL Successfully Defends Against Antitrust Claims Brought by City of Oakland
NFL Successfully Defends Against Antitrust Claims Brought by City of Oakland By Timothy LaComb, of MoginRubin LLP Featured in Sports Litigation Daily, Volume 17, Issue…
Partner Jennifer Oliver Published in Law360 Regarding the Power of Big Tech
Published on Law360.com – May 1, 2020 Examining Startup Investors’ Thoughts On Big Tech’s Power By: Jennifer Oliver On Feb. 12, the U.S. Department of…
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MoginRubin’s Jonathan Rubin and Tim LaComb Published an Article in the Daily Journal Regarding the T-Mobile/Sprint Merger
February 26, 2020 – MoginRubin partner Jonathan Rubin and attorney Tim LaComb co-authored an article published in the Daily Journal last week, “Court substituted gut…
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Partner Daniel Mogin Published in Bloomberg Law Regarding the FTC’s Inquiry Into Cross Ownership of Competitors’ Stocks
Published in Bloomberg Law – February 27, 2020 INSIGHT: FTC’s Inquiry Into Common Ownership Benefits Markets, Consumers By: Daniel Mogin The FTC appears to be…
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Antitrust Issues and Antitrust Risk Diligence in Nonreportable M&A Deals
Partner Jennifer Oliver recently authored an article in Bloomberg Law that explores the hidden antitrust risks involved in nonreportable M&A deals. The article and accompanying…
Getting Biosimilars to Market: A Virtual Panel Discussion
Getting Biosimilars to Market, a recent virtual panel moderated by MoginRubin’s Joy Sidhwa, examines commercial challenges facing biosimilars from both the patent and the antitrust…
The Emerging Role of Antitrust Law in Esports (Part II)
Partner Jonathan Rubin continues his discussion of emerging antitrust issues associated with the growing business of Esports in Part II of The Emerging Role of…
The Future of “No Poach” Clauses: Practical Advice and Viewpoints from the Employment and Antitrust Perspectives
In an effort to limit anticompetitive behavior and practices, the DOJ and FTC have begun cracking down on naked no-poach agreements. In light of these…
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The Emerging Role of Antitrust Law in Esports (Part 1)
Partner Jonathan Rubin recently wrote a two-part essay for Sports Litigation Alert and Sports Law Expert that examines the emerging role antitrust law will play…
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MoginRubin Partner Jonathan Rubin Published in Concurrences
MoginRubin Partner Jonathan Rubin recently co-authored an article with University of Copenhagen Associate Professor Christian Bergqvist regarding antitrust complaints against Google. The article expertly examines…
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Waging the Merits War at Class Certification: Does Expert Evidence Streamline the Process?
Jodie Williams, a Partner at MoginRubin LLP co-authored an article with Michelle Lowery, a Partner at McDermott Will & Emery, for The Antitrust Source regarding…
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Jonathan Rubin and Christian Bergqvist Conduct a Comparative Study on Approaches Antitrust Authorities Take in the EU and US
Jonathan Rubin and Christian Berqvist published their comments in Global Competition Review regarding the upcoming decision by the European Commission regarding the DG-Competition investigation into…
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Jodie Williams Comments on the AT&T-Time Warner Merger in Forbes’ Latest Article
Forbes dives into law firm reactions to the AT&T-Time Warner merger to find out where the trends are headed. It seems that no one believes…
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Jodie Williams Published in Trial Practice : Trying Antitrust – Summer 2018 Edition
In the most recent edition of Trial Practice: Trying Antitrust, an ABA-published periodical, MoginRubin’s Jodie Williams discusses the recent Steves & Sons, Inc. v. Jeld-Wen, Inc.…
Bloomberg Law Covers MoginRubin LLP’s Filing Against the PetIQ Merger
Bloomberg on Rubin PetIQ Filing Pet Medication Wholesalers Sue to Unwind Rival PetIQ Merger Published: Apr 05 2018 18:46:17 * Two pet medicine wholesalers…
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Jennifer Oliver Published in Business Insurance
Business Insurance published an article this week written by MoginRubin LLP’s own Jennifer Oliver, regarding what happens when complications with M&A deals arise. Click here…
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Jonathan Rubin discusses Aetna-CVS merger with Peter Coy from Bloomberg Businessweek
Jonathan Rubin from MoginRubin LLP met with Bloomberg Businessweek‘s Peter Coy to discuss the Aetna-CVS merger. See what he had to say by reading the…
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Jonathan Rubin from MoginRubin LLP Featured in the New York Post
MoginRubin LLP’s very own Jonathan Rubin was featured in the New York Post this week, regarding his thoughts on Judge Richard Leon and his involvement…
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The Threshold – Volume XVII, Number 3, Summer 2017
We are pleased to share our very own, Ms. Jodie Williams’ contribution in the The Threshold – Summer 2017 – Volume XVII Number 3. Ms. Williams…
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Judging Neil Gorsuch and Antitrust Law – National Review
By: Dan Mogin & Jonathan Rubin Daniel Mogin and Jonathan Rubin in the National Review, responding to Zephyr Teachout’s misguided claims regarding Supreme Court nominee Neil…
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A Monopoly Donald Trump Can Pop
By: Dan Mogin Last week, The New York Times featured an op-ed regarding an antitrust issue of concern to our Firm and colleagues.
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LIBOR (Gelboim) and the Implications of its Unwritten Rule
By: Dan Mogin & Jodie Williams Dan Mogin and Jodie Williams published in The American Lawyer, presented by the Antitrust and Trade Regulation Section of the Federal…
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ValueAct Update: Department of Justice Negotiates Record Settlement For HSR Violations
In April of this year, The Mogin Law Firm, P.C. published an article discussing an enforcement action by the Department of Justice (“DOJ”) against ValueAct…
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Second Circuit Reverses LIBOR MDL District Court Ruling
Recently, The Mogin Law Firm, P.C. discussed the differing opinions among judges in the Southern District of New York regarding antitrust injury.
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Rutgers Law Journal: Patents, Antitrust, and Rivalry in Standard Setting
By: Jonathan Rubin Voluntary consensus standard-setting is important for commercializing products that employ new technologies because technical compatibility standards are needed before new products, particularly…
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The Standards Edge: Patents, Competition and Interoperability
By: Jonathan Rubin For more than a century, US patent and antitrust laws have coexisted in a delicate balance. Each seeks to promote innovation and…
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The Systems Approach to Antitrust Law
By: Jonathan Rubin The law inexorably lags developments in wider society. For decades, governmental policies toward business have followed the Chicago School of economics view…
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Another Judge Rejects LIBOR I’s Holding On Antitrust Injury In Financial Benchmark Cases
A second judge in the Southern District of New York recently found that manipulation of financial benchmarks can constitute antitrust injury to state a claim…
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Supreme Court Declines to Further Opine on Statistical Evidence Proving Damages
A few weeks ago, The Mogin Law Firm, P.C. posted an analysis of the Supreme Court’s decision in Tyson’s Foods v. Bouaphakeo the potential implications…
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Are Investment Funds’ Cross-Shareholdings Anti-Competitive?
On April 4, 2016 the DOJ’s Antitrust Division sued activist investment firm ValueAct Capital and its affiliated funds based on their failure to report investments…
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Supreme Court Upholds Sample Statistical Evidence in Tyson Foods
On March 22, 2016, the Supreme Court decided Tyson Foods, Inc. v. Bouaphakeo, affirming a verdict in favor of a certified class under the Fair…
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The New Road to Serfdom: The Curse of Bigness and the Failure of Antitrust
This is a link to a new article previewing The New Road to Serfdom: The Curse of Bigness and the Failure of Antitrust (49 U.…
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Krugman/Reich in NYRB on Market Power and Antitrust
This links to an interesting review of Robert Reich’s new book, Saving Capitalism; For the Many, Not the Few, by NY Times commentator and Nobel…
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The Extraordinary Deterrence of Private Antitrust Enforcement: A Reply to Werden, Hammond & Barnett
“Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S. Antitrust Laws” documents an extraordinary but usually overlooked fact: private antitrust enforcement deters a significant amount…
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Why Billionaire Sheldon Solow’s $450 Million Libor Case Is Likely To Be Followed By More
Forbes | By Erin Carlyle 28 March 2013 – Billionaire developer Sheldon Solow, who built the tony Nine West 57th tower in New York City
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BENEFITS FROM PRIVATE ANTITRUST ENFORCEMENT: AN ANALYSIS OF FORTY CASES
By ROBERT H. LANDE & JOSHUA P. DAVIS
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Ninth Circuit Expands Reach of California Antitrust Law
In a recent decision in a price-fixing case, the U.S. Court of Appeals for the Ninth Circuit held that California’s antitrust statute, the Cartwright Act,…
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DOJ Merger Challenge Highlights Danger Of Bad Documents
(Law360) – The U.S. Department of Justice has filed an antitrust lawsuit challenging a June 2012 transaction combining two providers of product rating and review…
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JPMorgan Can’t Enforce Class Action Waiver, 6th Circ. Told
By Melissa Lipman Law360 (Law360) – A Second Circuit ruling that class arbitration waivers are unenforceable if they make it too expensive
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CPI Antitrust Chronicle: The Future Legacy of the AT&T/ T-Mobile Merger Case
By: Jonathan Rubin The government’s challenge to the proposed acquisition of T-Mobile’s U.S. wireless communications business by AT&T Mobility could leave a lasting imprint on…
The Future Legacy of the AT&T/ T-Mobile Merger Case
The Future Legacy of the AT&T/ T-Mobile Merger Case Jonathan L. Rubin1 I. INTRODUCTION The government’s challenge to the proposed acquisition of T-Mobile’s U.S. wireless…
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The Premature Post-Chicagoan: Alfred E. Kahn
By: Jonathan Rubin The year was 1977 and Alfred Kahn, the Cornell economics professor and former head of the New York State Public Service Commission, had just…
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6 DRAM Makers Settle Price-Fixing Claims For $173M
Law360, New York (June 24, 2010) — Six makers of dynamic random access memory chips,including Micron Technology Inc. and NEC Electronics America Inc., have reached…
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The International Handbook on Private Enforcement of Competition Law
By: Jonathan Rubin Defendants in civil antitrust lawsuits brought in the US federal courts have several opportunities short of a trial on the merits by…
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‘Pay for Delay’ Cases Illustrate Struggle Between Competition vs. Regulation Policies (Part II of II)
By: Dan Mogin Editor’s note: This is the second of a two-part series. The day after the Supreme Court denied review of the Cipro decision,…
Statement of Jonathan L. Rubin Before the House Subcommittee on Courts and Competition Policy
STATEMENT OF JONATHAN L. RUBIN BEFORE THE HOUSE SUBCOMMITTEE ON COURTS AND COMPETITION POLICY Hearing on: H.R. 4115, the “Open Access to Courts Act of…
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‘Pay for Delay’ Cases Illustrate Struggle Between Competition vs. Regulation Policies (Part I of II)
article originally appeared in the San Diego Daily Transcript on September 8, 2009
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Pay for Delay
The Hatch-Waxman Act was enacted in 1984 to promote generics while preserving a financial incentive for research and development through patent extension.
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Administration Plans Tougher Antitrust Action – NYTimes.com
The new enforcement policy would reverse the Bush administration’s approach, which strongly favored defendants against antitrust claims. It would restore a policy that led to…
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Economic recovery: Lessons from antitrust history
By: Dan Mogin It is an understatement to say the economic and banking crisis, and even the future of capitalism and free markets, have been…
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Lessons from the S&L crisis litigation for today
By: Dan Mogin Déjà Vu All Over Again The lessons of the savings and loan crisis and the junk bond markets resonate in the current…
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Deja Vu All Over Again: Earlier Crises Can Guide Plaintiffs’ Lawyers
The lessons of the savings and loan crisis and the junk bond markets resonate in the current financial crisis and the tsunami of litigation that…
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The Consumer Impact Of Illinois Brick, A Short Analysis
By: Dan Mogin This article is a very short and informal analysis of the effect of the Supreme Court’s decision in Illinois Brick Co. v…
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“The Microsoft Media Debate”: Decide Based On Evidence And The Law, Not Economic Dogma
By: Dan Mogin Peter Scheer’s editorial “Better Gates than a Judge as Microsoft CEO” is an example of what’s wrong with the “debate” regarding Microsoft…
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Antitrust and Democracy: Adam Smith was Right
By: Dan Mogin Antitrust, monopolies, price gouging and deregulation have been in the news lately.
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GCP: Comment on linkLine
By: Jonathan Rubin The Ninth Circuit’s majority opinion in Pacific Bell Telephone Co. v. linkLine Communications, Inc.1 is a thoughtful and not at all unreasonable…
Comment on linkLine
Jonathan L. Rubin Patton Boggs LLP The Ninth Circuit’s majority opinion in Pacific Bell Telephone Co. v. linkLine Communications, Inc.1 is a thoughtful and not…
The AT&T and BellSouth Merger: What Does It Mean for Consumers?
By: Jonathan Rubin For some businesses, AT&T and BellSouth are among the few—if not the only two— providers which offer the type of complex telecom…
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The American Antitrust Institute: Questions of Senator Mike DeWine
Answers to follow-up questions for the hearing “The AT&T and BellSouth Merger: What Does It Mean for Consumers?” before the Subcommittee on Antitrust, Competition Policy…
A Briefing Paper on the AMD v. Intel Monopolization Litigation
Just as many thought the monopolization field was dead, along comes what is likely to be the next U.S. v. Microsoft case. In AMD v.…
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The American Antitrust Institute: Issues at the Heart of Exclusionary Conduct
By: Jonathan Rubin Just as many thought the monopolization field was dead, along comes what is likely to be the next U.S. v. Microsoft case.…
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The Antitrust Bulletin: The truth about Trinko
To paraphrase Charles Dickens, the Supreme Court’s decision in Verizon Communications Inc. v. Law Offices of Curtis V. Trinka, LLP1 (hereinafter Trinka) was the most…
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The Antitrust Bulletin: Editor’s note
The articles in this special issue on the Supreme Court’s decision in Verizon Communications Inc. v. Law Offices of Curtis V. Trinka, LLP1 provide thoughtful…
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Cointegration and Antitrust: A Primer
By: Jonathan Rubin On October 8, 2003, Robert F. Engle and Clive W. J. Granger were awarded the Nobel Prize for their research on the…