Antitrust Law Source

In a belated tribute to Capper Volstead’s 100th anniversary, Jay talks with his legal partner Don Barnes, one of the deans of the agricultural bar and an authority on Capper Volstead. In Part 1, they discuss the origins of Capper Volstead and how the legal landscape for agricultural producers has changed over time. Read a transcript of the episode here. Find Jay on Twitter and LinkedIn or contact him at jlevine@porterwright.com. Listen wherever you listen to podcasts, including: Apple Podcasts | Google Podcasts | Spotify | Amazon Music | Stitcher | Tunein Radio | iHeartRadio | Castbox

Picking up where they left off, the FTC has wasted no time in the new year and already proposed to effectively ban all employment non-compete clauses. The proposed rule would make future non-competes unlawful and nullify any existing agreements. In our latest podcast, Jay explains how this proposal fits in with the administration’s attempt to revise the antitrust laws. Read a transcript of the episode here. Find Jay on Twitter and LinkedIn or contact him at jlevine@porterwright.com. Listen wherever you listen to podcasts, including: Apple Podcasts | Google Podcasts | Spotify | Amazon Music | Stitcher | Tunein Radio | iHeartRadio | Castbox

Antitrust enforcement is heating up when it comes to issues affecting workers and their ability to sell their services to the highest bidder.  Though the movement began in 2016, the Biden administration is claiming that certain agreements between employers that affect workers’ mobility and compensation can be criminally prosecuted.  In this podcast, you will learn all about these efforts, how the government has fared thus far and what you need to watch out for in the future..  Read a transcript of the episode here. Find Jay on Twitter and LinkedIn or contact him at jlevine@porterwright.com. Listen wherever you listen to podcasts including: Apple Podcasts | Google Podcasts | Spotify | Amazon Music | Stitcher | Tunein Radio | iHeartRadio | Castbox

The Antitrust Revolution continues marching on. From the agencies to Congress, the fundamental purpose of the antitrust laws and the way in which they are enforced is being re-written. If you think this doesn’t affect you or your business, you should listen in. Read a transcript of the episode here. Find Jay on Twitter and LinkedIn or contact him at jlevine@porterwright.com. Listen wherever you listen to podcasts including: Apple Podcasts | Google Podcasts | Spotify | Amazon Music | Stitcher | Tunein Radio | iHeartRadio | Castbox

In part three of their series, “The Antitrust Revolution,” host Jay Levine and fellow attorney Carrie Garrison explain what New Brandeisians are trying to achieve and why they believe that the antitrust laws need fixing. In particular, they discuss Sen. Amy Klobuchar’s (D-MN) proposed "Competition and Antitrust Law Enforcement Reform Act" and how it fits into the “progressive” agenda. This podcast will definitely help you make sense of all the headlines you keep seeing! Read a transcript of the episode here. Find Jay on Twitter and Linkedin or contact him at jlevine@porterwright.com. Find Carrie on Twitter or at cgarrison@porterwright.com.

In this podcast, host Jay Levine and Allen Carter discuss what lessons for antitrust law we can glean from the Supreme Court’s recent decision in NCAA v. Alston.  The previous episode on the Supreme Court’s ruling with sports attorney Luke Fedlam is #47. Read a transcript of the episode here. Find Jay on Twitter and Linkedin or contact him at jlevine@porterwright.com.

In part two of their series “The Antitrust Revolution,” host Jay Levine and guest Carrie Garrison discuss the evolution of antitrust in the decades leading up to the present. They explain, in plain words, the prevailing economic theory that governed antitrust enforcement and why those principles are now coming under attack. They also discuss the public perception of antitrust enforcement, the prevailing New Brandeisian belief, and how that plays into the impending antitrust revolution.  Read a transcript of the episode here.

An antitrust revolution is definitely underway. But to understand where we may be going, you must first understand where we have been. In this podcast, Jay is joined by attorney Carrie Garrison. They will guide you through the evolution of antitrust law, from its inception to the present, and provide you the tools to better understand what all the fuss seems to be about. Read a transcript of the episode here.

The sports and antitrust worlds eagerly awaited the U.S. Supreme Court’s decision in NCAA v. Alston, a case challenging to the NCAA’s right to limit compensation paid to student-athletes. On Monday, June 21, the Supreme Court upheld the decisions by the lower courts, which found in favor of student-athletes and forbade the NCAA or the collegiate conferences from enforcing rules that limited the amount of education-related expenses schools can offer to student-athletes. Jay and colleague Luke Fedlam, head of the firm’s Sports practice and host of the Protecting Your Possibilities Podcast, discuss the decision and its implications going forward for collegiate sports, student-athletes and the NCAA. Read the full episode transcript here. Luke mentioned a podcast episode that focused on the importance of education. That episode is #28 “Ethics in Athlete Education.” Find Jay on LinkedIn and Twitter.  

This year has been a year like no other.  In this episode, Jay talks to fellow partner Brett Thornton, chair of Porter Wright’s Energy, Biotech and Emerging Business practice group, about how deal work for emerging businesses has been affected by the pandemic, the elections and the possibility of changing antitrust rules. 

COVID-19 has had an impact on virtually every industry in the country, but none more so than on health care. In this episode, Jay talks with John Carney, chair of Porter Wright’s Health Care Practice and former Ohio state representative, about the changes that COVID-19 has wrought on health care and on some changes the industry is likely to experience in the future. 

COVID-19 has spurred all sorts of legislation. In this episode, Jay discusses some examples of COVID-19-related legislation with John Carney, Chair of Porter Wright’s Health Care Practice and former three-term Ohio state representative. The discussion includes Ohio’s recently-enacted qualified immunity legislation (HB 606) as well as some thoughts about future laws that may be on the horizon on the federal level.

The NCAA’s legal challenges regarding a student athlete’s ability to financially benefit from their name, image and likeness has ramped up. The league was hit with another class action antitrust lawsuit last week. The lawsuit comes on the heels of a decision by the Ninth Circuit affirming a bench trial victory by student-athletes. In that case, the District Court largely held that the NCAA’s rules prohibiting certain Grant-in-Aid payments to student-athletes violated the antitrust laws. Jay Levine talks with Luke Fedlam, head of Porter Wright’s sports practice, about all of these issues. Luke provides a unique insight as he represents over 100 student athletes. As Jay and Luke explain, the issues involved have a labyrinth of complexities for the multi-billion dollar college athletics industry and for the athletes themselves.

With any large crisis, litigation follows and that will certainly be the case with the COVID-19 pandemic. In the third and final installment of our podcast series on consumer protection and antitrust concerns during COVID-19, Jay Levine, host and partner at Porter Wright, talks to attorney Allen Carter, about the areas where businesses may be at risk for litigation, what they should be thinking about now to protect themselves and what to expect in the coming months and years. Be sure to listen to the first podcast in this series, Antitrust during COVID-19 Part 1: Concerns about collaboration, and the second part, Antitrust during COVID-19 Part 2: Price gouging and hoarding of supplies.  

If you’ve been to the store lately, you know there are a few things that are hard to find and others are increasing in price. But when does stocking up turn into hoarding or demand driving up prices turn into price gouging? In the second of a three-part series on consumer protection and antitrust concerns during COVID-19, host Jay Levine and Porter Wright attorney Allen Carter discuss how federal and state governments protect consumers in these instances, how the COVID-19 crisis impacts the laws and what companies need to know to protect their business. Be sure to listen to the first podcast in this series, Antitrust during COVID-19 Part 1: Concerns about collaboration. The next installment discusses what companies should be doing now to protect themselves from litigation around antitrust and consumer protection in the future. Information about COVID-19 and its impact on local, state and federal levels is changing rapidly. This article may not reflect updates to news, executive orders, legislation and regulations made after its publication date. Visit our COVID-19 resource page to find the most current information.

During the COVID-19 pandemic, we’ve seen companies collaborating on some great ideas. Companies should keep in mind, however, that the antitrust laws still apply and those who don’t follow them may pay dearly later. In the first of a three-part series about antitrust and consumer protection during COVID-19, host Jay Levine talks to Porter Wright attorney Allen Carter about how companies can collaborate during the current crisis, what business owners should do to protect themselves and how the government is helping and what it is watching out for. The next podcast in this series will discuss price gouging and hoarding, how federal and state governments protect consumers and what companies need to know to protect their business.

In this episode, Jay and Porter Wright attorney Brett Thornton dive into e-currency, with a focus on cryptocurrency. They start by covering the basics: what it is, the different types and the technology that facilitates the exchanges. Brett explains the rules and regulations for this currency, securities law ramifications to be aware of, and what other agencies might be involved in these types of transactions.

In this episode, Jay talks to Oded Shenkar, Ford Motor Company Chair in Global Business Management and Ohio State professor, about the challenges and opportunities facing foreign businesses who wish to come to the United States. The duo talks about regulatory matters, strategic factors and how the political climate will affect a company’s decision to doing business in the United States.

What is on the horizon for private equity deals in 2017? What does the market look like for buyers, sellers and foreign investors? Jay talks with Porter Wright M&A attorneys Bob Tannous and Jeremy Siegfried about these issues, exit strategies, Brexit and more in our most recent podcast.

Matt Curtin and Jay continue their discussion of data breaches and cyber security focusing on how to construct an incident response plan and why having more data is not always better.