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Antitrust Counseling & Compliance 2013


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Why you should attend

Lawyers counseling businesses must possess a solid foundation in principles of antitrust law and an understanding of the latest antitrust developments. Running afoul of antitrust rules can result in class actions and treble damage litigation as well as government enforcement and adverse publicity.

Are you prepared to provide practical answers to the antitrust questions your clients will ask? You will be after attending this program, developed with the purpose of addressing current hot topics in antitrust counseling and compliance along with refreshing practitioners’ understanding of key principles. Covering distribution, marketing, mergers and acquisitions, intellectual property licensing, and government enforcement, as well as compliance and ethics topics, this program will offer you practical advice on what works and what doesn’t, and give you the edge you need.

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?
  • When are bundled prices, loyalty discounts and exclusive dealing acceptable and when are they problematic?
  • When can you expect the DOJ or FTC to investigate or seek to block a proposed merger? How is the government analyzing mergers and acquisitions under the DOJ/FTC Merger Guidelines?
  • 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”? What impact will the Supreme Court decision in FTC v. Actavis have on settlement of patent litigation?
  • What do you need to know about competition law enforcement outside the U.S.? Do you need to worry about enforcement in the BRIC countries (Brazil, Russia, India and China) as well as the EU?
  • What are the top government enforcement priorities? What should we expect from the new line up of enforcers at the DOJ and FTC during President Obama’s second term?
  • 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 full hour of Ethics credit!

Who should attend

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

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

9:00 Introduction

9:15 Marketing & Distribution Issues

Pricing Issues

  • Resale price maintenance and minimum advertised price (MAP) programs after Leegin
  • Price discrimination and discriminatory provision of promotional funds and services
  • Predatory pricing and bundled discounts
  • Most favored nation (MFN) clauses
  • Pricing conduct and the world of online retailing

Alicia L. Downey

Non Price Vertical Restraints

  • Exclusive dealing after Dentsply and Microsoft
  • Tying, loyalty discounts, and rebates in the U.S. and E.U.
  • Territorial and customer restrictions
  • Dual distribution

Lisl J. Dunlop

10:45 Networking Break

11:00 IP Licensing

  • When will restrictions in a licensing agreement get you in trouble?
  • Refusals to license, tying and patent pooling agreements
  • The DOJ/FTC Guidelines for the Licensing of Intellectual Property and approaches to licensing in Europe and Asia
  • Disclosure of intellectual property during standard setting and RAND licensing
  • Rights to injunctive relief or exclusion orders for RAND-encumbered patents
  • Patent assertion entities, patent aggregations and the prospect of exclusionary conduct
  • Settlement of patent litigation and the Supreme Court decision in FTC v. Actavis

Paul H. Saint-Antoine

12:00 Lunch

1:00 Mergers & Acquisitions

The Merger Review Process

  • When to file under HSR and what you can learn from recent civil penalty actions for failing to file
  • Negotiating antitrust risk shifting provisions in merger agreements
  • New FTC rules on “pulling and refiling”
  • Coordinating global filings
  • Avoiding “gun jumping” while preparing to integrate
  • Handling a second request investigation
  • Resolving government concerns through consent agreements

M. Howard Morse

Merger Guidelines and Enforcement Trends

  • Horizontal merger guidelines
  • Do market definition and HHIs still matter?
  • Risks from vertical mergers
  • Learning from litigated cases
  • Remedies

W. Stephen Smith

2:30 Networking Break

2:45 Federal and State Enforcement

  • Enforcement priorities at the federal and state level
  • The approach to resale price maintenance among the states
  • Recent enforcement actions

Patricia A. Conners, Leslie C. Overton, Hon. Joshua D. Wright

4:00 Ethics and Compliance

  • Using a fun, interactive method, learn how to avoid ethical problems that recur in the antitrust arena, including those that relate to document preservation obligations in investigations and litigation, duties to employees, conflicts of interest, and practice before the DOJ and FTC

Lisa C. Wood

5:00 Adjourn

Chairperson(s)
M. Howard Morse ~ Cooley LLP
Speaker(s)
Patricia A. Conners ~ Associate Deputy Attorney General, Office of the Attorney General of Florida
Alicia L. Downey ~ Downey Law LLC
Lisl J. Dunlop ~ Shearman & Sterling LLP
Leslie C. Overton ~ Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Paul H. Saint-Antoine ~ Drinker Biddle & Reath LLP
W. Stephen Smith ~ Morrison & Foerster LLP
Lisa C. Wood ~ Foley Hoag LLP
Hon. Joshua D. Wright ~ Commissioner, Federal Trade Commission
Program Attorney(s)
Seema Lal Meehan ~ Program Attorney, Practising Law Institute

Cleveland Groupcast Location

The Cleveland Metropolitan Bar Association, 1301 East 9th Street, Cleveland, OH 44114. 216-696-2404.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Why you should attend

Lawyers counseling businesses must possess a solid foundation in principles of antitrust law and an understanding of the latest antitrust developments. Running afoul of antitrust rules can result in class actions and treble damage litigation as well as government enforcement and adverse publicity.

Are you prepared to provide practical answers to the antitrust questions your clients will ask? You will be after attending this program, developed with the purpose of addressing current hot topics in antitrust counseling and compliance along with refreshing practitioners’ understanding of key principles. Covering distribution, marketing, mergers and acquisitions, intellectual property licensing, and government enforcement, as well as compliance and ethics topics, this program will offer you practical advice on what works and what doesn’t, and give you the edge you need.

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?
  • When are bundled prices, loyalty discounts and exclusive dealing acceptable and when are they problematic?
  • When can you expect the DOJ or FTC to investigate or seek to block a proposed merger? How is the government analyzing mergers and acquisitions under the DOJ/FTC Merger Guidelines?
  • 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”? What impact will the Supreme Court decision in FTC v. Actavis have on settlement of patent litigation?
  • What do you need to know about competition law enforcement outside the U.S.? Do you need to worry about enforcement in the BRIC countries (Brazil, Russia, India and China) as well as the EU?
  • What are the top government enforcement priorities? What should we expect from the new line up of enforcers at the DOJ and FTC during President Obama’s second term?
  • 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 full hour of Ethics credit!

Who should attend

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

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

9:00 Introduction

9:15 Marketing & Distribution Issues

Pricing Issues

  • Resale price maintenance and minimum advertised price (MAP) programs after Leegin
  • Price discrimination and discriminatory provision of promotional funds and services
  • Predatory pricing and bundled discounts
  • Most favored nation (MFN) clauses
  • Pricing conduct and the world of online retailing

Alicia L. Downey

Non Price Vertical Restraints

  • Exclusive dealing after Dentsply and Microsoft
  • Tying, loyalty discounts, and rebates in the U.S. and E.U.
  • Territorial and customer restrictions
  • Dual distribution

Lisl J. Dunlop

10:45 Networking Break

11:00 IP Licensing

  • When will restrictions in a licensing agreement get you in trouble?
  • Refusals to license, tying and patent pooling agreements
  • The DOJ/FTC Guidelines for the Licensing of Intellectual Property and approaches to licensing in Europe and Asia
  • Disclosure of intellectual property during standard setting and RAND licensing
  • Rights to injunctive relief or exclusion orders for RAND-encumbered patents
  • Patent assertion entities, patent aggregations and the prospect of exclusionary conduct
  • Settlement of patent litigation and the Supreme Court decision in FTC v. Actavis

Paul H. Saint-Antoine

12:00 Lunch

1:00 Mergers & Acquisitions
  
The Merger Review Process

  • When to file under HSR and what you can learn from recent civil penalty actions for failing to file
  • Negotiating antitrust risk shifting provisions in merger agreements
  • New FTC rules on “pulling and refiling”
  • Coordinating global filings
  • Avoiding “gun jumping” while preparing to integrate
  • Handling a second request investigation
  • Resolving government concerns through consent agreements

M. Howard Morse

Merger Guidelines and Enforcement Trends

  • Horizontal merger guidelines
  • Do market definition and HHIs still matter?
  • Risks from vertical mergers
  • Learning from litigated cases
  • Remedies

W. Stephen Smith 

2:30 Networking Break

2:45 Federal and State Enforcement

  • Enforcement priorities at the federal and state level
  • The approach to resale price maintenance among the states
  • Recent enforcement actions

Patricia A. Conners, Leslie C. Overton, Hon. Joshua D. Wright

4:00 Ethics and Compliance

  • Using a fun, interactive method, learn how to avoid ethical problems that recur in the antitrust arena, including those that relate to document preservation obligations in investigations and litigation, duties to employees, conflicts of interest, and practice before the DOJ and FTC

Lisa C. Wood

5:00 Adjourn

Chairperson(s)
M. Howard Morse ~ Cooley LLP
Speaker(s)
Patricia A. Conners ~ Associate Deputy Attorney General, Office of the Attorney General of Florida
Alicia L. Downey ~ Downey Law LLC
Lisl J. Dunlop ~ Shearman & Sterling LLP
Leslie C. Overton ~ Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Paul H. Saint-Antoine ~ Drinker Biddle & Reath LLP
W. Stephen Smith ~ Morrison & Foerster LLP
Lisa C. Wood ~ Foley Hoag LLP
Hon. Joshua D. Wright ~ Commissioner, Federal Trade Commission
Program Attorney(s)
Seema Lal Meehan ~ Program Attorney, Practising Law Institute
New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is 0495741. You can also make reservations online to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com

Sheraton New York Times Square Hotel, 811 7th Avenue, New York, NY 10019, 1-800-325-3535 or (212) 581-1000. When calling, please mention Practising Law Institute and mention SET#311155. You may also book online.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

This is a webcast of the live New York session.

Why you should attend

Lawyers counseling businesses must possess a solid foundation in principles of antitrust law and an understanding of the latest antitrust developments. Running afoul of antitrust rules can result in class actions and treble damage litigation as well as government enforcement and adverse publicity.

Are you prepared to provide practical answers to the antitrust questions your clients will ask? You will be after attending this program, developed with the purpose of addressing current hot topics in antitrust counseling and compliance along with refreshing practitioners’ understanding of key principles. Covering distribution, marketing, mergers and acquisitions, intellectual property licensing, and government enforcement, as well as compliance and ethics topics, this program will offer you practical advice on what works and what doesn’t, and give you the edge you need.

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?
  • When are bundled prices, loyalty discounts and exclusive dealing acceptable and when are they problematic?
  • When can you expect the DOJ or FTC to investigate or seek to block a proposed merger? How is the government analyzing mergers and acquisitions under the DOJ/FTC Merger Guidelines?
  • 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”? What impact will the Supreme Court decision in FTC v. Actavis have on settlement of patent litigation?
  • What do you need to know about competition law enforcement outside the U.S.? Do you need to worry about enforcement in the BRIC countries (Brazil, Russia, India and China) as well as the EU?
  • What are the top government enforcement priorities? What should we expect from the new line up of enforcers at the DOJ and FTC during President Obama’s second term?
  • 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 full hour of Ethics credit!

Who should attend

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

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

All times are E.D.T.

9:00 Introduction

9:15 Marketing & Distribution Issues

Pricing Issues

  • Resale price maintenance and minimum advertised price (MAP) programs after Leegin
  • Price discrimination and discriminatory provision of promotional funds and services
  • Predatory pricing and bundled discounts
  • Most favored nation (MFN) clauses
  • Pricing conduct and the world of online retailing

Alicia L. Downey

Non Price Vertical Restraints

  • Exclusive dealing after Dentsply and Microsoft
  • Tying, loyalty discounts, and rebates in the U.S. and E.U.
  • Territorial and customer restrictions
  • Dual distribution

Lisl J. Dunlop

10:45 Networking Break

11:00 IP Licensing

  • When will restrictions in a licensing agreement get you in trouble?
  • Refusals to license, tying and patent pooling agreements
  • The DOJ/FTC Guidelines for the Licensing of Intellectual Property and approaches to licensing in Europe and Asia
  • Disclosure of intellectual property during standard setting and RAND licensing
  • Rights to injunctive relief or exclusion orders for RAND-encumbered patents
  • Patent assertion entities, patent aggregations and the prospect of exclusionary conduct
  • Settlement of patent litigation and the Supreme Court decision in FTC v. Actavis

Paul H. Saint-Antoine

12:00 Lunch

1:00 Mergers & Acquisitions

The Merger Review Process

  • When to file under HSR and what you can learn from recent civil penalty actions for failing to file
  • Negotiating antitrust risk shifting provisions in merger agreements
  • New FTC rules on “pulling and refiling”
  • Coordinating global filings
  • Avoiding “gun jumping” while preparing to integrate
  • Handling a second request investigation
  • Resolving government concerns through consent agreements

M. Howard Morse

Merger Guidelines and Enforcement Trends

  • Horizontal merger guidelines
  • Do market definition and HHIs still matter?
  • Risks from vertical mergers
  • Learning from litigated cases
  • Remedies

W. Stephen Smith

2:30 Networking Break

2:45 Federal and State Enforcement

  • Enforcement priorities at the federal and state level
  • The approach to resale price maintenance among the states
  • Recent enforcement actions

Patricia A. Conners, Leslie C. Overton, Hon. Joshua D. Wright

4:00 Ethics and Compliance

  • Using a fun, interactive method, learn how to avoid ethical problems that recur in the antitrust arena, including those that relate to document preservation obligations in investigations and litigation, duties to employees, conflicts of interest, and practice before the DOJ and FTC

Lisa C. Wood

5:00 Adjourn

Chairperson(s)
M. Howard Morse ~ Cooley LLP
Speaker(s)
Patricia A. Conners ~ Associate Deputy Attorney General, Office of the Attorney General of Florida
Alicia L. Downey ~ Downey Law LLC
Lisl J. Dunlop ~ Shearman & Sterling LLP
Leslie C. Overton ~ Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Paul H. Saint-Antoine ~ Drinker Biddle & Reath LLP
W. Stephen Smith ~ Morrison & Foerster LLP
Lisa C. Wood ~ Foley Hoag LLP
Hon. Joshua D. Wright ~ Commissioner, Federal Trade Commission
Program Attorney(s)
Seema Lal Meehan ~ Program Attorney, Practising Law Institute
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:  Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.
 

1Indiana: Considered a distance education course. There is a 6 credit limit per year.

2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.


Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Co-Sponsored by Atlanta Bar Association

Attendees in Atlanta will view the program via Groupcast at the offices of the Atlanta Bar Association, 400 International Tower, 229 Peachtree Street, NE, Atlanta, Georgia, 30303-1601. With PLI’s Groupcasts you'll instantaneously receive streaming audio/video of the live program and be able to submit your questions electronically. At these locations you’ll also receive the printed Course Handbook upon arriving.


Why you should attend

Lawyers counseling businesses must possess a solid foundation in principles of antitrust law and an understanding of the latest antitrust developments. Running afoul of antitrust rules can result in class actions and treble damage litigation as well as government enforcement and adverse publicity.

Are you prepared to provide practical answers to the antitrust questions your clients will ask? You will be after attending this program, developed with the purpose of addressing current hot topics in antitrust counseling and compliance along with refreshing practitioners’ understanding of key principles. Covering distribution, marketing, mergers and acquisitions, intellectual property licensing, and government enforcement, as well as compliance and ethics topics, this program will offer you practical advice on what works and what doesn’t, and give you the edge you need.

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?
  • When are bundled prices, loyalty discounts and exclusive dealing acceptable and when are they problematic?
  • When can you expect the DOJ or FTC to investigate or seek to block a proposed merger? How is the government analyzing mergers and acquisitions under the DOJ/FTC Merger Guidelines?
  • 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”? What impact will the Supreme Court decision in FTC v. Actavis have on settlement of patent litigation?
  • What do you need to know about competition law enforcement outside the U.S.? Do you need to worry about enforcement in the BRIC countries (Brazil, Russia, India and China) as well as the EU?
  • What are the top government enforcement priorities? What should we expect from the new line up of enforcers at the DOJ and FTC during President Obama’s second term?
  • 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 full hour of Ethics credit!

Who should attend

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

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

9:00 Introduction

9:15 Marketing & Distribution Issues

Pricing Issues

  • Resale price maintenance and minimum advertised price (MAP) programs after Leegin
  • Price discrimination and discriminatory provision of promotional funds and services
  • Predatory pricing and bundled discounts
  • Most favored nation (MFN) clauses
  • Pricing conduct and the world of online retailing

Alicia L. Downey

Non Price Vertical Restraints

  • Exclusive dealing after Dentsply and Microsoft
  • Tying, loyalty discounts, and rebates in the U.S. and E.U.
  • Territorial and customer restrictions
  • Dual distribution

Lisl J. Dunlop

10:45 Networking Break

11:00 IP Licensing

  • When will restrictions in a licensing agreement get you in trouble?
  • Refusals to license, tying and patent pooling agreements
  • The DOJ/FTC Guidelines for the Licensing of Intellectual Property and approaches to licensing in Europe and Asia
  • Disclosure of intellectual property during standard setting and RAND licensing
  • Rights to injunctive relief or exclusion orders for RAND-encumbered patents
  • Patent assertion entities, patent aggregations and the prospect of exclusionary conduct
  • Settlement of patent litigation and the Supreme Court decision in FTC v. Actavis

Paul H. Saint-Antoine

12:00 Lunch

1:00 Mergers & Acquisitions

The Merger Review Process

  • When to file under HSR and what you can learn from recent civil penalty actions for failing to file
  • Negotiating antitrust risk shifting provisions in merger agreements
  • New FTC rules on “pulling and refiling”
  • Coordinating global filings
  • Avoiding “gun jumping” while preparing to integrate
  • Handling a second request investigation
  • Resolving government concerns through consent agreements

M. Howard Morse

Merger Guidelines and Enforcement Trends

  • Horizontal merger guidelines
  • Do market definition and HHIs still matter?
  • Risks from vertical mergers
  • Learning from litigated cases
  • Remedies

W. Stephen Smith

2:30 Networking Break

2:45 Federal and State Enforcement

  • Enforcement priorities at the federal and state level
  • The approach to resale price maintenance among the states
  • Recent enforcement actions

Patricia A. Conners, Leslie C. Overton, Hon. Joshua D. Wright

4:00 Ethics and Compliance

  • Using a fun, interactive method, learn how to avoid ethical problems that recur in the antitrust arena, including those that relate to document preservation obligations in investigations and litigation, duties to employees, conflicts of interest, and practice before the DOJ and FTC

Lisa C. Wood

5:00 Adjourn

Chairperson(s)
M. Howard Morse ~ Cooley LLP
Speaker(s)
Patricia A. Conners ~ Associate Deputy Attorney General, Office of the Attorney General of Florida
Alicia L. Downey ~ Downey Law LLC
Lisl J. Dunlop ~ Shearman & Sterling LLP
Leslie C. Overton ~ Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Paul H. Saint-Antoine ~ Drinker Biddle & Reath LLP
W. Stephen Smith ~ Morrison & Foerster LLP
Lisa C. Wood ~ Foley Hoag LLP
Hon. Joshua D. Wright ~ Commissioner, Federal Trade Commission
Program Attorney(s)
Seema Lal Meehan ~ Program Attorney, Practising Law Institute

Atlanta Groupcast Location

Atlanta Bar Association, 400 International Tower, 229 Peachtree Street, NE, Atlanta, GA 30303-1601. (404) 521-0781.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Co-Sponsored by Massachusetts CLE

Attendees in Boston will be seeing the live broadcast from New York City at the conveniently located offices of Massachusetts CLE, 10 Winter Place, Boston, Massachusetts. Remote Location participants will receive all course materials.


Why you should attend

Lawyers counseling businesses must possess a solid foundation in principles of antitrust law and an understanding of the latest antitrust developments. Running afoul of antitrust rules can result in class actions and treble damage litigation as well as government enforcement and adverse publicity.

Are you prepared to provide practical answers to the antitrust questions your clients will ask? You will be after attending this program, developed with the purpose of addressing current hot topics in antitrust counseling and compliance along with refreshing practitioners’ understanding of key principles. Covering distribution, marketing, mergers and acquisitions, intellectual property licensing, and government enforcement, as well as compliance and ethics topics, this program will offer you practical advice on what works and what doesn’t, and give you the edge you need.

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?
  • When are bundled prices, loyalty discounts and exclusive dealing acceptable and when are they problematic?
  • When can you expect the DOJ or FTC to investigate or seek to block a proposed merger? How is the government analyzing mergers and acquisitions under the DOJ/FTC Merger Guidelines?
  • 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”? What impact will the Supreme Court decision in FTC v. Actavis have on settlement of patent litigation?
  • What do you need to know about competition law enforcement outside the U.S.? Do you need to worry about enforcement in the BRIC countries (Brazil, Russia, India and China) as well as the EU?
  • What are the top government enforcement priorities? What should we expect from the new line up of enforcers at the DOJ and FTC during President Obama’s second term?
  • 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 full hour of Ethics credit!

Who should attend

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

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

9:00 Introduction

9:15 Marketing & Distribution Issues

Pricing Issues

  • Resale price maintenance and minimum advertised price (MAP) programs after Leegin
  • Price discrimination and discriminatory provision of promotional funds and services
  • Predatory pricing and bundled discounts
  • Most favored nation (MFN) clauses
  • Pricing conduct and the world of online retailing

Alicia L. Downey

Non Price Vertical Restraints

  • Exclusive dealing after Dentsply and Microsoft
  • Tying, loyalty discounts, and rebates in the U.S. and E.U.
  • Territorial and customer restrictions
  • Dual distribution

Lisl J. Dunlop

10:45 Networking Break

11:00 IP Licensing

  • When will restrictions in a licensing agreement get you in trouble?
  • Refusals to license, tying and patent pooling agreements
  • The DOJ/FTC Guidelines for the Licensing of Intellectual Property and approaches to licensing in Europe and Asia
  • Disclosure of intellectual property during standard setting and RAND licensing
  • Rights to injunctive relief or exclusion orders for RAND-encumbered patents
  • Patent assertion entities, patent aggregations and the prospect of exclusionary conduct
  • Settlement of patent litigation and the Supreme Court decision in FTC v. Actavis

Paul H. Saint-Antoine

12:00 Lunch

1:00 Mergers & Acquisitions

The Merger Review Process

  • When to file under HSR and what you can learn from recent civil penalty actions for failing to file
  • Negotiating antitrust risk shifting provisions in merger agreements
  • New FTC rules on “pulling and refiling”
  • Coordinating global filings
  • Avoiding “gun jumping” while preparing to integrate
  • Handling a second request investigation
  • Resolving government concerns through consent agreements

M. Howard Morse

Merger Guidelines and Enforcement Trends

  • Horizontal merger guidelines
  • Do market definition and HHIs still matter?
  • Risks from vertical mergers
  • Learning from litigated cases
  • Remedies

W. Stephen Smith

2:30 Networking Break

2:45 Federal and State Enforcement

  • Enforcement priorities at the federal and state level
  • The approach to resale price maintenance among the states
  • Recent enforcement actions

Patricia A. Conners, Leslie C. Overton, Hon. Joshua D. Wright

4:00 Ethics and Compliance

  • Using a fun, interactive method, learn how to avoid ethical problems that recur in the antitrust arena, including those that relate to document preservation obligations in investigations and litigation, duties to employees, conflicts of interest, and practice before the DOJ and FTC

Lisa C. Wood

5:00 Adjourn

Chairperson(s)
M. Howard Morse ~ Cooley LLP
Speaker(s)
Patricia A. Conners ~ Associate Deputy Attorney General, Office of the Attorney General of Florida
Alicia L. Downey ~ Downey Law LLC
Lisl J. Dunlop ~ Shearman & Sterling LLP
Leslie C. Overton ~ Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Paul H. Saint-Antoine ~ Drinker Biddle & Reath LLP
W. Stephen Smith ~ Morrison & Foerster LLP
Lisa C. Wood ~ Foley Hoag LLP
Hon. Joshua D. Wright ~ Commissioner, Federal Trade Commission
Program Attorney(s)
Seema Lal Meehan ~ Program Attorney, Practising Law Institute

Boston Groupcast Location

Massachusetts CLE, 10 Winter Place, Boston, Massachusetts 02100. (617) 350-7006.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Why you should attend

Lawyers counseling businesses must possess a solid foundation in principles of antitrust law and an understanding of the latest antitrust developments. Running afoul of antitrust rules can result in class actions and treble damage litigation as well as government enforcement and adverse publicity.

Are you prepared to provide practical answers to the antitrust questions your clients will ask? You will be after attending this program, developed with the purpose of addressing current hot topics in antitrust counseling and compliance along with refreshing practitioners’ understanding of key principles. Covering distribution, marketing, mergers and acquisitions, intellectual property licensing, and government enforcement, as well as compliance and ethics topics, this program will offer you practical advice on what works and what doesn’t, and give you the edge you need.

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?
  • When are bundled prices, loyalty discounts and exclusive dealing acceptable and when are they problematic?
  • When can you expect the DOJ or FTC to investigate or seek to block a proposed merger? How is the government analyzing mergers and acquisitions under the DOJ/FTC Merger Guidelines?
  • 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”? What impact will the Supreme Court decision in FTC v. Actavis have on settlement of patent litigation?
  • What do you need to know about competition law enforcement outside the U.S.? Do you need to worry about enforcement in the BRIC countries (Brazil, Russia, India and China) as well as the EU?
  • What are the top government enforcement priorities? What should we expect from the new line up of enforcers at the DOJ and FTC during President Obama’s second term?
  • 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 full hour of Ethics credit!

Who should attend

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

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

9:00 Introduction

9:15 Marketing & Distribution Issues

Pricing Issues

  • Resale price maintenance and minimum advertised price (MAP) programs after Leegin
  • Price discrimination and discriminatory provision of promotional funds and services
  • Predatory pricing and bundled discounts
  • Most favored nation (MFN) clauses
  • Pricing conduct and the world of online retailing

Alicia L. Downey

Non Price Vertical Restraints

  • Exclusive dealing after Dentsply and Microsoft
  • Tying, loyalty discounts, and rebates in the U.S. and E.U.
  • Territorial and customer restrictions
  • Dual distribution

Lisl J. Dunlop

10:45 Networking Break

11:00 IP Licensing

  • When will restrictions in a licensing agreement get you in trouble?
  • Refusals to license, tying and patent pooling agreements
  • The DOJ/FTC Guidelines for the Licensing of Intellectual Property and approaches to licensing in Europe and Asia
  • Disclosure of intellectual property during standard setting and RAND licensing
  • Rights to injunctive relief or exclusion orders for RAND-encumbered patents
  • Patent assertion entities, patent aggregations and the prospect of exclusionary conduct
  • Settlement of patent litigation and the Supreme Court decision in FTC v. Actavis

Paul H. Saint-Antoine

12:00 Lunch

1:00 Mergers & Acquisitions

The Merger Review Process

  • When to file under HSR and what you can learn from recent civil penalty actions for failing to file
  • Negotiating antitrust risk shifting provisions in merger agreements
  • New FTC rules on “pulling and refiling”
  • Coordinating global filings
  • Avoiding “gun jumping” while preparing to integrate
  • Handling a second request investigation
  • Resolving government concerns through consent agreements

M. Howard Morse

Merger Guidelines and Enforcement Trends

  • Horizontal merger guidelines
  • Do market definition and HHIs still matter?
  • Risks from vertical mergers
  • Learning from litigated cases
  • Remedies

W. Stephen Smith

2:30 Networking Break

2:45 Federal and State Enforcement

  • Enforcement priorities at the federal and state level
  • The approach to resale price maintenance among the states
  • Recent enforcement actions

Patricia A. Conners, Leslie C. Overton, Hon. Joshua D. Wright

4:00 Ethics and Compliance

  • Using a fun, interactive method, learn how to avoid ethical problems that recur in the antitrust arena, including those that relate to document preservation obligations in investigations and litigation, duties to employees, conflicts of interest, and practice before the DOJ and FTC

Lisa C. Wood

5:00 Adjourn

Chairperson(s)
M. Howard Morse ~ Cooley LLP
Speaker(s)
Patricia A. Conners ~ Associate Deputy Attorney General, Office of the Attorney General of Florida
Alicia L. Downey ~ Downey Law LLC
Lisl J. Dunlop ~ Shearman & Sterling LLP
Leslie C. Overton ~ Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Paul H. Saint-Antoine ~ Drinker Biddle & Reath LLP
W. Stephen Smith ~ Morrison & Foerster LLP
Lisa C. Wood ~ Foley Hoag LLP
Hon. Joshua D. Wright ~ Commissioner, Federal Trade Commission
Program Attorney(s)
Seema Lal Meehan ~ Program Attorney, Practising Law Institute
Columbus Groupcast Location

Columbus Bar Association, 175 S. Third Street, Suite 1100, Columbus, OH 43215. Phone: 614-221-4112, FAX: (614) 340-2081.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Co-Sponsored by Pennsylvania Bar Institute

Attendees in Pennsylvania will be viewing the live broadcast at the Pennsylvania Bar Institute, 5080 Ritter Rd., Mechanicsburg, PA 17055. You will have the opportunity to submit questions and will receive the printed Course Handbook.

Why you should attend

Lawyers counseling businesses must possess a solid foundation in principles of antitrust law and an understanding of the latest antitrust developments. Running afoul of antitrust rules can result in class actions and treble damage litigation as well as government enforcement and adverse publicity.

Are you prepared to provide practical answers to the antitrust questions your clients will ask? You will be after attending this program, developed with the purpose of addressing current hot topics in antitrust counseling and compliance along with refreshing practitioners’ understanding of key principles. Covering distribution, marketing, mergers and acquisitions, intellectual property licensing, and government enforcement, as well as compliance and ethics topics, this program will offer you practical advice on what works and what doesn’t, and give you the edge you need.

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?
  • When are bundled prices, loyalty discounts and exclusive dealing acceptable and when are they problematic?
  • When can you expect the DOJ or FTC to investigate or seek to block a proposed merger? How is the government analyzing mergers and acquisitions under the DOJ/FTC Merger Guidelines?
  • 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”? What impact will the Supreme Court decision in FTC v. Actavis have on settlement of patent litigation?
  • What do you need to know about competition law enforcement outside the U.S.? Do you need to worry about enforcement in the BRIC countries (Brazil, Russia, India and China) as well as the EU?
  • What are the top government enforcement priorities? What should we expect from the new line up of enforcers at the DOJ and FTC during President Obama’s second term?
  • 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 full hour of Ethics credit!

Who should attend

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

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

9:00 Introduction

9:15 Marketing & Distribution Issues

Pricing Issues

  • Resale price maintenance and minimum advertised price (MAP) programs after Leegin
  • Price discrimination and discriminatory provision of promotional funds and services
  • Predatory pricing and bundled discounts
  • Most favored nation (MFN) clauses
  • Pricing conduct and the world of online retailing

Alicia L. Downey

Non Price Vertical Restraints

  • Exclusive dealing after Dentsply and Microsoft
  • Tying, loyalty discounts, and rebates in the U.S. and E.U.
  • Territorial and customer restrictions
  • Dual distribution

Lisl J. Dunlop

10:45 Networking Break

11:00 IP Licensing

  • When will restrictions in a licensing agreement get you in trouble?
  • Refusals to license, tying and patent pooling agreements
  • The DOJ/FTC Guidelines for the Licensing of Intellectual Property and approaches to licensing in Europe and Asia
  • Disclosure of intellectual property during standard setting and RAND licensing
  • Rights to injunctive relief or exclusion orders for RAND-encumbered patents
  • Patent assertion entities, patent aggregations and the prospect of exclusionary conduct
  • Settlement of patent litigation and the Supreme Court decision in FTC v. Actavis

Paul H. Saint-Antoine

12:00 Lunch

1:00 Mergers & Acquisitions

The Merger Review Process

  • When to file under HSR and what you can learn from recent civil penalty actions for failing to file
  • Negotiating antitrust risk shifting provisions in merger agreements
  • New FTC rules on “pulling and refiling”
  • Coordinating global filings
  • Avoiding “gun jumping” while preparing to integrate
  • Handling a second request investigation
  • Resolving government concerns through consent agreements

M. Howard Morse

Merger Guidelines and Enforcement Trends

  • Horizontal merger guidelines
  • Do market definition and HHIs still matter?
  • Risks from vertical mergers
  • Learning from litigated cases
  • Remedies

W. Stephen Smith

2:30 Networking Break

2:45 Federal and State Enforcement

  • Enforcement priorities at the federal and state level
  • The approach to resale price maintenance among the states
  • Recent enforcement actions

Patricia A. Conners, Leslie C. Overton, Hon. Joshua D. Wright

4:00 Ethics and Compliance

  • Using a fun, interactive method, learn how to avoid ethical problems that recur in the antitrust arena, including those that relate to document preservation obligations in investigations and litigation, duties to employees, conflicts of interest, and practice before the DOJ and FTC

Lisa C. Wood

5:00 Adjourn

Chairperson(s)
M. Howard Morse ~ Cooley LLP
Speaker(s)
Patricia A. Conners ~ Associate Deputy Attorney General, Office of the Attorney General of Florida
Alicia L. Downey ~ Downey Law LLC
Lisl J. Dunlop ~ Shearman & Sterling LLP
Leslie C. Overton ~ Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Paul H. Saint-Antoine ~ Drinker Biddle & Reath LLP
W. Stephen Smith ~ Morrison & Foerster LLP
Lisa C. Wood ~ Foley Hoag LLP
Hon. Joshua D. Wright ~ Commissioner, Federal Trade Commission
Program Attorney(s)
Seema Lal Meehan ~ Program Attorney, Practising Law Institute

Mechanicsburg Groupcast Location

Pennsylvania Bar Institute, 5080 Ritter Rd., Mechanicsburg PA 17055, (800) 932-4637. Click here for directions.

Mechanicsburg Groupcast Hotel Accommodations

Below is a list of hotel accommodations suggested by the Pennsylvania Bar Institute:

Hampton Inn Harrisburg-West, 4950 Ritter Road, Mechanicsburg, Pennsylvania, USA 17055. Tel: 717-691-1300. Fax: 717-691-9692.

Homewood Suites by Hilton® Harrisburg-West Hershey Area, 5001 Ritter Road, Mechanicsburg, Pennsylvania, United States 17055. Tel: 1-717-697-4900. Fax: 1-717-697-9101.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Co-Sponsored by Pennsylvania Bar Institute

Attendees in Pennsylvania will be viewing the live broadcast at the the Pennsylvania Bar Institute's Professional Development Conference Center, Heinz 57 Center, 339 Sixth Avenue, 7th Floor, Pittsburgh, Pennsylvania 15222-2517. You will have the opportunity to submit questions and will receive the printed Course Handbook.

Why you should attend

Lawyers counseling businesses must possess a solid foundation in principles of antitrust law and an understanding of the latest antitrust developments. Running afoul of antitrust rules can result in class actions and treble damage litigation as well as government enforcement and adverse publicity.

Are you prepared to provide practical answers to the antitrust questions your clients will ask? You will be after attending this program, developed with the purpose of addressing current hot topics in antitrust counseling and compliance along with refreshing practitioners’ understanding of key principles. Covering distribution, marketing, mergers and acquisitions, intellectual property licensing, and government enforcement, as well as compliance and ethics topics, this program will offer you practical advice on what works and what doesn’t, and give you the edge you need.

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?
  • When are bundled prices, loyalty discounts and exclusive dealing acceptable and when are they problematic?
  • When can you expect the DOJ or FTC to investigate or seek to block a proposed merger? How is the government analyzing mergers and acquisitions under the DOJ/FTC Merger Guidelines?
  • 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”? What impact will the Supreme Court decision in FTC v. Actavis have on settlement of patent litigation?
  • What do you need to know about competition law enforcement outside the U.S.? Do you need to worry about enforcement in the BRIC countries (Brazil, Russia, India and China) as well as the EU?
  • What are the top government enforcement priorities? What should we expect from the new line up of enforcers at the DOJ and FTC during President Obama’s second term?
  • 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 full hour of Ethics credit!

Who should attend

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

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

9:00 Introduction

9:15 Marketing & Distribution Issues

Pricing Issues

  • Resale price maintenance and minimum advertised price (MAP) programs after Leegin
  • Price discrimination and discriminatory provision of promotional funds and services
  • Predatory pricing and bundled discounts
  • Most favored nation (MFN) clauses
  • Pricing conduct and the world of online retailing

Alicia L. Downey

Non Price Vertical Restraints

  • Exclusive dealing after Dentsply and Microsoft
  • Tying, loyalty discounts, and rebates in the U.S. and E.U.
  • Territorial and customer restrictions
  • Dual distribution

Lisl J. Dunlop

10:45 Networking Break

11:00 IP Licensing

  • When will restrictions in a licensing agreement get you in trouble?
  • Refusals to license, tying and patent pooling agreements
  • The DOJ/FTC Guidelines for the Licensing of Intellectual Property and approaches to licensing in Europe and Asia
  • Disclosure of intellectual property during standard setting and RAND licensing
  • Rights to injunctive relief or exclusion orders for RAND-encumbered patents
  • Patent assertion entities, patent aggregations and the prospect of exclusionary conduct
  • Settlement of patent litigation and the Supreme Court decision in FTC v. Actavis

Paul H. Saint-Antoine

12:00 Lunch

1:00 Mergers & Acquisitions

The Merger Review Process

  • When to file under HSR and what you can learn from recent civil penalty actions for failing to file
  • Negotiating antitrust risk shifting provisions in merger agreements
  • New FTC rules on “pulling and refiling”
  • Coordinating global filings
  • Avoiding “gun jumping” while preparing to integrate
  • Handling a second request investigation
  • Resolving government concerns through consent agreements

M. Howard Morse

Merger Guidelines and Enforcement Trends

  • Horizontal merger guidelines
  • Do market definition and HHIs still matter?
  • Risks from vertical mergers
  • Learning from litigated cases
  • Remedies

W. Stephen Smith

2:30 Networking Break

2:45 Federal and State Enforcement

  • Enforcement priorities at the federal and state level
  • The approach to resale price maintenance among the states
  • Recent enforcement actions

Patricia A. Conners, Leslie C. Overton, Hon. Joshua D. Wright

4:00 Ethics and Compliance

  • Using a fun, interactive method, learn how to avoid ethical problems that recur in the antitrust arena, including those that relate to document preservation obligations in investigations and litigation, duties to employees, conflicts of interest, and practice before the DOJ and FTC

Lisa C. Wood

5:00 Adjourn

Chairperson(s)
M. Howard Morse ~ Cooley LLP
Speaker(s)
Patricia A. Conners ~ Associate Deputy Attorney General, Office of the Attorney General of Florida
Alicia L. Downey ~ Downey Law LLC
Lisl J. Dunlop ~ Shearman & Sterling LLP
Leslie C. Overton ~ Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Paul H. Saint-Antoine ~ Drinker Biddle & Reath LLP
W. Stephen Smith ~ Morrison & Foerster LLP
Lisa C. Wood ~ Foley Hoag LLP
Hon. Joshua D. Wright ~ Commissioner, Federal Trade Commission
Program Attorney(s)
Seema Lal Meehan ~ Program Attorney, Practising Law Institute

Pittsburgh Groupcast Location

Pennsylvania Bar Institute, Professional Development Conference Center, 339 Sixth Avenue, Suite 760, Pittsburgh, Pennsylvania 15222-2517. (412) 802-2300. Click here for directions.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Co-Sponsored by Pennsylvania Bar Institute

Attendees in Pennsylvania will be viewing the live broadcast at the Pennsylvania Bar Institute's CLE Conference Center, Wanamaker Building, 10th floor, Philadelphia (Juniper St. entrance, between 13th & Broad Sts., opposite City Hall). You will have the opportunity to submit questions and will receive the printed Course Handbook.

Why you should attend

Lawyers counseling businesses must possess a solid foundation in principles of antitrust law and an understanding of the latest antitrust developments. Running afoul of antitrust rules can result in class actions and treble damage litigation as well as government enforcement and adverse publicity.

Are you prepared to provide practical answers to the antitrust questions your clients will ask? You will be after attending this program, developed with the purpose of addressing current hot topics in antitrust counseling and compliance along with refreshing practitioners’ understanding of key principles. Covering distribution, marketing, mergers and acquisitions, intellectual property licensing, and government enforcement, as well as compliance and ethics topics, this program will offer you practical advice on what works and what doesn’t, and give you the edge you need.

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?
  • When are bundled prices, loyalty discounts and exclusive dealing acceptable and when are they problematic?
  • When can you expect the DOJ or FTC to investigate or seek to block a proposed merger? How is the government analyzing mergers and acquisitions under the DOJ/FTC Merger Guidelines?
  • 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”? What impact will the Supreme Court decision in FTC v. Actavis have on settlement of patent litigation?
  • What do you need to know about competition law enforcement outside the U.S.? Do you need to worry about enforcement in the BRIC countries (Brazil, Russia, India and China) as well as the EU?
  • What are the top government enforcement priorities? What should we expect from the new line up of enforcers at the DOJ and FTC during President Obama’s second term?
  • 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 full hour of Ethics credit!

Who should attend

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

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

9:00 Introduction

9:15 Marketing & Distribution Issues

Pricing Issues

  • Resale price maintenance and minimum advertised price (MAP) programs after Leegin
  • Price discrimination and discriminatory provision of promotional funds and services
  • Predatory pricing and bundled discounts
  • Most favored nation (MFN) clauses
  • Pricing conduct and the world of online retailing

Alicia L. Downey

Non Price Vertical Restraints

  • Exclusive dealing after Dentsply and Microsoft
  • Tying, loyalty discounts, and rebates in the U.S. and E.U.
  • Territorial and customer restrictions
  • Dual distribution

Lisl J. Dunlop

10:45 Networking Break

11:00 IP Licensing

  • When will restrictions in a licensing agreement get you in trouble?
  • Refusals to license, tying and patent pooling agreements
  • The DOJ/FTC Guidelines for the Licensing of Intellectual Property and approaches to licensing in Europe and Asia
  • Disclosure of intellectual property during standard setting and RAND licensing
  • Rights to injunctive relief or exclusion orders for RAND-encumbered patents
  • Patent assertion entities, patent aggregations and the prospect of exclusionary conduct
  • Settlement of patent litigation and the Supreme Court decision in FTC v. Actavis

Paul H. Saint-Antoine

12:00 Lunch

1:00 Mergers & Acquisitions

The Merger Review Process

  • When to file under HSR and what you can learn from recent civil penalty actions for failing to file
  • Negotiating antitrust risk shifting provisions in merger agreements
  • New FTC rules on “pulling and refiling”
  • Coordinating global filings
  • Avoiding “gun jumping” while preparing to integrate
  • Handling a second request investigation
  • Resolving government concerns through consent agreements

M. Howard Morse

Merger Guidelines and Enforcement Trends

  • Horizontal merger guidelines
  • Do market definition and HHIs still matter?
  • Risks from vertical mergers
  • Learning from litigated cases
  • Remedies

W. Stephen Smith

2:30 Networking Break

2:45 Federal and State Enforcement

  • Enforcement priorities at the federal and state level
  • The approach to resale price maintenance among the states
  • Recent enforcement actions

Patricia A. Conners, Leslie C. Overton, Hon. Joshua D. Wright

4:00 Ethics and Compliance

  • Using a fun, interactive method, learn how to avoid ethical problems that recur in the antitrust arena, including those that relate to document preservation obligations in investigations and litigation, duties to employees, conflicts of interest, and practice before the DOJ and FTC

Lisa C. Wood

5:00 Adjourn

Chairperson(s)
M. Howard Morse ~ Cooley LLP
Speaker(s)
Patricia A. Conners ~ Associate Deputy Attorney General, Office of the Attorney General of Florida
Alicia L. Downey ~ Downey Law LLC
Lisl J. Dunlop ~ Shearman & Sterling LLP
Leslie C. Overton ~ Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Paul H. Saint-Antoine ~ Drinker Biddle & Reath LLP
W. Stephen Smith ~ Morrison & Foerster LLP
Lisa C. Wood ~ Foley Hoag LLP
Hon. Joshua D. Wright ~ Commissioner, Federal Trade Commission
Program Attorney(s)
Seema Lal Meehan ~ Program Attorney, Practising Law Institute

Philadelphia Groupcast Location

Pennsylvania Bar Institute, The CLE Conference Center, Wanamaker Building, 10th floor, Suite 1010, Center City Philadelphia (Juniper St. entrance, between 13th & Broad Sts., opposite City Hall). (800) 932-4637. Click here for directions.

Philadelphia Groupcast Hotel Accommodations

Below is a list of hotel accommodations suggested by the Pennsylvania Bar Institute:

Marriott Residence Inn

Ritz Carlton

Loews Philadelphia

Philadelphia Marriott Downtown
Hilton Garden Inn

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

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