When Does Refusal to Deal Violate Antitrust Law?
Regulatory Transparency Project's Fourth Branch Video
Regulatory Transparency Project's Fourth Branch Video
In 2004, the Supreme Court decided Verizon Communications v. Law Offices of Curtis V. Trinko. The case examined what types of monopolistic activities would violate antitrust laws. The Court addressed issues involving forced sharing, the risks and rewards of competition in a free market, and the role of governing regulations. The Trinko decision raises important questions and provides insightful consideration for examining antitrust issues.
Jan Rybnicek is Counsel at Freshfields Bruckhaus Deringer.
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Partner, Freshfields Bruckhaus Deringer LLP
Jan represents clients on a range of antitrust issues relating to the US merger control and review process, multijurisdictional merger control, joint ventures, civil antitrust litigation, and investigations before the US Department of Justice (DOJ) and the Federal Trade Commission (FTC).
Prior to rejoining Freshfields in 2015, Jan served as an attorney adviser to a FTC Commissioner. While at the FTC, Jan advised on a range of competition and consumer protection issues, including providing merger and conduct enforcement recommendations, developing legislation and policy initiatives with Congress, and drafting formal statements, policy speeches, and Congressional testimony.
Jan has published several articles on antitrust law and policy. Jan was awarded the 2019 Antitrust Writing Award, a joint initiative between Concurrences Review and the George Washington University Law School, in the Best Business Article, General category for "Hipster Antitrust Meets Public Choice Economics: The Consumer Welfare Standard, Rule of Law, and Rent Seeking." Jan also was award the 2017 Antitrust Writing Award in the Best Academic Article, Mergers category for his article “A Hedgehog in Fox’s Clothing? The Misapplication of GUPPI Analysis.”
Jan is an Adjunct Professor and Senior Fellow at the Global Antitrust Institute at the Antonin Scalia Law School at George Mason University, where he teaches courses in antitrust law and economics. Jan is an active member of the ABA’s Antitrust Section and currently serves as an Editor for the Antitrust Law Journal, a leading publication for antitrust law, policy, and economics that is widely read by the antitrust bar.