Today the ABA Antitrust Law Section’s annual Spring Meeting comes to a close. This post reviews a panel discussion on the particular challenges of trying a monopolization or attempt to monopolize case under Sherman Act Section 2.Continue Reading Notes on “Trying a Section 2 Case: Best Practices”
Antitrust
Notes on “All Bark, No Bite? Antitrust Under Biden.”
This week the ABA Antitrust Law Section’ holds its Spring Meeting. The program offers dozens of sessions, each of which features debate by a panel of experts from government, academia, or private firms on a topic of current interest.
This post reflects my notes from a talk about how well the administration of President Biden has done in making its high hopes for reviving antitrust enforcement, both in the two agencies that have enforcement as a primary mandate—the Antitrust Division in the U.S. Department of Justice and the Bureau of Competition in the Federal Trade Commission—and in other parts of the executive branch.Continue Reading Notes on “All Bark, No Bite? Antitrust Under Biden.”
Commercial Roundup – March 29, 2023

Welcome to the spring break edition of Commercial Roundup. This week’s highlights include a fantastic round-robin interview of six women lawyers who’ve made their way to the top of antitrust-world and the end of a saga about a non-lawyer who helped mass-tort firms “sign up clients” for money.
This week you’ll find me at the Spring Meeting of the ABA’s Antitrust Law Section in Washington, DC. Send me an email (bbarnett@susmangodfrey.com) if you’ve also come to the this year’s antitrust nerd-fest and either see an especially recondite, funny, or otherwise notable presentation or would like to say hello.
Commercial Roundup–March 23, 2023

Welcome to this week’s Commercial Roundup.
Below you will find headlines and links to appellate decisions and other items of particular interest to business people and lawyers dealing with complex disputes.
If you haven’t already subscribed to The Contingency, I invite you to do it now. Just enter your email address in the box to the right, hit the return button, and click the “Yes, subscribe me to this list” rectangle in the confirmation email you’ll receive.
Now let’s get to the Roundup!
Commercial Roundup
- Deal lawyer par excellence Alan Klein sees better but shaky M&A prospects, notes “unparalleled success” in antitrust.
- A big opt-out claimant (Sysco) has sued the funder of the opt-out’s price-fixing claims (Burford Capital) for its veto of chicken settlements.
- While the $100 million the new budget proposal would add to antitrust enforcers’ funding
Commercial Roundup

Welcome back to The Contingency!
Starting next Wednesday, we’ll resume a weekly schedule for posting a roundup of the biggest commercial-law rulings by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest courts of Delaware, New York, and Texas.
By “commercial law”, we mean the stuff of disputes with or…
How Antitrust Enforcers Might Think Like Plaintiffs’ Lawyers

Stephen D. Susman, the founder of my firm and a titan in the antitrust bar, pioneered representing private antitrust plaintiffs on a contingent-fee basis.
Nobody knew better than Steve how to manage risk in antitrust cases — how to choose them, staff them, litigate them,…
Apple’s App Store practices didn’t violate Sherman Act, did run afoul of California unfair competition law
Check out U.S. District Judge Yvonne Gonzalez Rogers’s Rule 52 Order After Trial on the Merits in the Epic Games, Inc. v. Apple Inc. case at Rule 52 Order 9-10-21
Commercial Roundup
To celebrate the arrival of summer, I am trying an experiment.
In this post–which covers almost all of June–I’ve sorted commercial rulings by the U.S. Supreme Court, the U.S. Courts of Appeals, and a selection from the highest state courts according to subject matter.
The resulting headings group decisions by broadly descriptive categories (e.g., Antitrust and Intellectual Property) for quicker reference. As usual, you may access the decisions by clicking on the case summary itself.
Please let me know you find these signposts worthwhile.
Continue Reading Commercial Roundup
Commercial Appeals Roundup
Alright, we’ve returned from a hiatus and bring you up to date for May 2021 with this edition of Commercial Appeals Roundup.
Continue Reading Commercial Appeals Roundup
