6-Hour Program

See Credit Details Below

Overview

Why You Should Attend

Lawyers counseling businesses need to have a solid foundation in principles of antitrust law and an understanding of the latest antitrust developments in order to advise their clients smartly. The consequences of running afoul of antitrust rules can be costly: federal and state government enforcement actions, jail time for executives, treble damages litigation, class actions, and adverse publicity are all risks when companies step over the line.

Do you have the tools needed to help your clients avoid making costly antitrust mistakes? Attend this one-day program and you will be able to provide practical answers to the antitrust questions your clients will ask. Addressing current hot topics in antitrust counseling and compliance and refreshing practitioners’ understanding of key principles, this program will cover distribution, marketing, mergers and acquisitions, intellectual property licensing, and government enforcement, as well as compliance and ethics topics. Hear practical advice on what works and what doesn’t, and gain the edge needed to effectively represent your clients.

 What You Will Learn

  • Is it safe today to enter into agreements that restrict resale prices? What about maximum resale prices? How can companies safely use agency agreements, minimum advertised prices, or unilateral price policies? What rules apply to Internet sales? What you should know about Maryland v. Johnson & Johnson Vision Care. What rules apply outside the U.S.?
  • When are bundled prices, loyalty discounts and exclusive dealing acceptable and when are they problematic? What about tying?
  • When can you expect the DOJ or FTC to investigate or seek to block a proposed merger? What leads the government to investigate non-reportable deals? What can we learn from government wins in Sysco/US Foods, Staples/Office Depot, Halliburton/BakerHughes, and Electrlux/GE, and losses in Steri/Synergy and hospital merger challenges. What do you need to know to avoid gun-jumping?
  • How can you avoid antitrust risk in intellectual property licenses? What do you need to know when participating in industry — “standard setting” — or licensing “standards essential patents?" Are NPEs (non-practicing entities) at risk of violating antitrust law? When are patent acquisitions at risk? What impact is the Supreme Court decision in FTC v. Actavis having on settlement of patent litigation? Will we see more challenges to “product hopping” after New York v. Actavis and Mylan v. Warner-Chilcott?
  • What do you need to know about competition law enforcement outside the U.S.? How much do you need to worry about enforcement in the BRIC countries (Brazil, Russia, India and China) as well as the EU? What does Brexit mean for competition enforcement in the EU and UK?
  • What do you do if you learn about price fixing at your company? When is it wise to self-report and seek leniency? What impact is the Yates memo having on criminal antitrust prosecution?
  • What are the top government enforcement priorities? What can we expect from enforcers at the DOJ and FTC in the next Administration?
  • Learn how to avoid ethical problems that recur in the antitrust arena, relating to document preservation obligations in investigations and litigation, duties to employees, conflicts of interest, and practice before the DOJ and FTC.

Special Feature

  • Earn one hour of Ethics credit

Who Should Attend

In-house counsel practicing antitrust law part-time or full-time and private practitioners who want a refresher on antitrust principles, would like to sharpen their skills, and want to learn about important recent developments should attend this program.

Credit Details