Publications


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…

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…

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…

Judging Neil Gorsuch and Antitrust Law – National Review

Daniel Mogin and Jonathan Rubin in the National Review, responding to Zephyr Teachout’s misguided claims regarding Supreme Court nominee Neil Gorsuch’s antitrust record.

A Monopoly Donald Trump Can Pop

Last week, The New York Times featured an op-ed regarding an antitrust issue of concern to our Firm and colleagues.

LIBOR (Gelboim) and the Implications of its Unwritten Rule

Dan Mogin and Jodie Williams published in The American Lawyer, presented by the Antitrust and Trade Regulation Section of the Federal Bar Association.

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…

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. 

Rutgers Law Journal: Patents, Antitrust, and Rivalry in Standard Setting

Voluntary consensus standard-setting is important for commercializing products that employ new technologies because technical compatibility standards are needed before new products, particularly in communications and…

The Standards Edge: Patents, Competition and Interoperability

For more than a century, US patent and antitrust laws have coexisted in a delicate balance. Each seeks to promote innovation and social welfare while…

The Systems Approach to Antitrust Law

The law inexorably lags developments in wider society. For decades, governmental policies toward business have followed the Chicago School of economics view that free markets…

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…

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…

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…

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…

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.…

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…

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…

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

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,…

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…

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

CPI Antitrust Chronicle: The Future Legacy of the AT&T/ T-Mobile Merger Case

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 annals of…

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…

The Premature Post-Chicagoan: Alfred E. Kahn

The year was 1977 and Alfred Kahn, the Cornell economics professor and former head of the New York State Public Service Commission, had just taken over the…

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…

The International Handbook on Private Enforcement of Competition Law

Defendants in civil antitrust lawsuits brought in the US federal courts have several opportunities short of a trial on the merits by which to dispose…

‘Pay for Delay’ Cases Illustrate Struggle Between Competition vs. Regulation Policies (Part II of II)

Editor’s note: This is the second of a two-part series. The day after the Supreme Court denied review of the Cipro decision, Jon Leibowitz, chair…

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…

‘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

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.

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…

Economic recovery: Lessons from antitrust history

It is an understatement to say the economic and banking crisis, and even the future of capitalism and free markets, have been in the headlines…

Lessons from the S&L crisis litigation for today

Déjà Vu All Over Again

Executive Profile Dan Mogin

San Diego Business Journal Executive Profile

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…

The Consumer Impact Of Illinois Brick, A Short Analysis

This article is a very short and informal analysis of the effect of the Supreme Court’s decision in Illinois Brick Co. v Illinois 431 U.S.…

“The Microsoft Media Debate”: Decide Based On Evidence And The Law, Not Economic Dogma

Peter Scheer’s editorial “Better Gates than a Judge as Microsoft CEO” is an example of what’s wrong with the “debate” regarding Microsoft in particular and…

Antitrust and Democracy: Adam Smith was Right

Antitrust, monopolies, price gouging and deregulation have been in the news lately.

GCP: Comment on linkLine

The Ninth Circuit’s majority opinion in Pacific Bell Telephone Co. v. linkLine Communications, Inc.1 is a thoughtful and not at all unreasonable approach to the…

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?

For some businesses, AT&T and BellSouth are among the few—if not the only two— providers which offer the type of complex telecom services they need. …

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.…

The American Antitrust Institute: Issues at the Heart of Exclusionary Conduct

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.…

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…

The Antitrust Bulletin: Editor’s note

The articles in this special issue on the Supreme Court’s decision in Verizon Co111111unications Inc. v. Law Offices of Curtis V. Trinka, LLP1 pro­vide thoughtful…

Cointegration and Antitrust: A Primer

On October 8, 2003, Robert F. Engle and Clive W. J. Granger were awarded the Nobel Prize for their research on the statistical analysis of…