Seminar  Seminar

Antitrust Institute 2013: Developments & Hot Topics


Why you should attend

From mergers and acquisitions to enforcement priorities, resale price maintenance to international competition, you can be certain to hear about all of the developments in antitrust law at this program led by top experts in the field.  Hear from leading antitrust practitioners, senior government officials, and state regulators about how to manage all of the challenges new developments might throw your way.  Whether you are a seasoned antitrust practitioner or just a beginner, this program will equip you with practical knowledge you can rely on daily.

What you will learn

  • Coverage of recent decisions, new developments, and issues to watch
  • Exclusive dealing and determining when it’s possible to require it
  • Tying and its many twists and turns
  • HSR pre-merger notification process 
  • Recent decisions in mergers and acquisition
  • Federal and state enforcement priorities
  • Discrimination in price and promotions
  • International competition issues
  • Workshop of practical pointers from pleadings to discovery to trials

Who should attend

This advanced program is intended for in-house corporate counsel and attorneys in government and private practice with responsibility for, or interest in, antitrust matters.

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.

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.

First Day: 9:00 a.m. - 5:00 p.m.

Morning Session: 9:00 a.m. - 12:15 p.m.

9:00 Introduction

9:15 Cartels and Other Horizontal Relationships

  • Section 1 of the Sherman Act: Overview and current issues relating to horizontal relationships
    - Price fixing, bid rigging, market allocations, and group boycotts
    - Joint ventures and other competitor collaborations
    - Information sharing
    - Trade associations
    - When horizontal and vertical analysis converge
    - State actions and other exemptions and immunities
  • Cartel enforcement in the EU
  • The continuing debate over antitrust enforcement in “high-tech” industries
Roxane C. Busey

11:00 Networking Break

11:15 Monopolization
  • What’s new in Section 2? Who’s at risk for a claim?
  • What are the elements and how are courts interpreting them?
  • Important monopoly case law update
  • How have standards of “anticompetitive conduct” changed?
  • How do you define relevant markets and market power?
  • IP and antitrust law: unilateral conduct explored
  • Loyalty and bundled discounts
William L. Greene

12:15 Lunch

Afternoon Session: 1:15 p.m. - 5:00 p.m.

1:15 Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints: Do We Still Have to Treat Vertical Restraints as a Serious Issue?
  • Practice tips and advice
  • Is the “agreement” requirement still relevant?
  • Minimum advertised price programs
  • Dual distribution
  • Counseling in light of Leegin
  • Mitigating the risks of a claim: Exclusive dealing
  • Current government enforcement efforts
  • Tying after Independent Ink and Microsoft
  • Special considerations in aftermarkets
  • Addressing Internet issues
Alan H. Silberman

2:30 Acquisitions and Mergers
  • Section 7 of the Clayton Act
  • Revised Horizontal Merger Guidelines - what do you need to know?
  • Critical H-S-R reporting updates
  • What are the latest enforcement activities at federal and state levels?
  • Recent decisions involving unilateral and coordinated competitive effects
  • Investigations of non-reportable transactions
  • Consummated mergers
  • Gun-jumping and pre-merger integration
William F. Dolan

3:30 Networking Break

3:45 Workshop: Antitrust Cases in the New Litigation Environment
  • How to present and analyze evidence in merger cases
  • Presenting cases to the government
  • Private and public litigation strategies and tactics from pleadings to discovery to trial
Nathan P. Eimer, J.Robert Robertson

5:00 Adjourn

Second Day: 9:00 a.m. - 4:45 p.m.

Morning Session: 9:00 a.m. - 12:00 p.m
.

9:00 Current Legal Problems at the Interface of IP Law and Competition Law
  • Conceptual tensions and overview
  • Competition as a backdrop for copyright and patent law
  • Governmental oversight of patent enforcement where standards are implicated
    - Why are Standards Essential Patents (SEPs) “different”?
    - Enforcement agency actions and private litigation involving SEPs and FRAND commitments
  • Antitrust considerations in patent acquisitions: Applying antitrust merger analysis to acquisitions, CPTN and Nortel auctions, and “defensive” patent aggregation+
  • IP licensing and the limits of contract law: Red flags in transactions and patent exhaustion
  • Patent settlements: FTC v. Watson Pharmaceuticals and other antitrust risks in settling patent litigation
  • Fraudulent procurement and bad faith enforcement: Ritz Camera and standing to assert Walker Process claims
Thomas E. Kelley, Robert P. Taylor

10:00 What Lawyers Need to Know About International Antitrust Law
  • Growth in antitrust laws around the world
  • Multinational merger review - are we achieving convergence?
  • Internationalization of cartel enforcement and converging leniency policies
  • Evolving standards for dominant firms
  • Differences in the EU on vertical/distribution restrictions in light of the EU's market integration objective
  • Role of DG Comp and national competition enforcement agencies in EU member states
W. David Braun

11:00 Networking Break

11:15 Dealing with Enforcement Issues and Opportunities
  • Updates on the latest developments facing antitrust law today
  • Department of Justice, Federal Trade Commission, and State Attorneys General Offices provide insight on the latest in enforcement
Blake L. Harrop, Amy B. Manning, Frank J. Vondrak, Stephen Y. Wu

12:30 Lunch

Afternoon Session: 1:45 p.m. - 4:45 p.m.

1:45 Discrimination in Price and Promotions
  • R-P Act discrimination in price and promotional allowances
  • Current developments
  • Elements of price discrimination
  • Secondary line injury and risk of private suits
  • Counseling after Reeder-Simco/Volvo
  • Functional discounts
  • Dual distribution
  • Meeting competition and cost justification
  • Availability
  • Buyer liability
  • Advertising and promotional allowances
  • Proving antitrust injury and damages
  • FTC’s revision of the Fred Meyer Guides
Theodore L. Banks, Mildred L. Calhoun

3:30 Networking Break

3:45 Corporate Compliance and Ethics
  • Designing an effective compliance program
  • Sentencing Commission Guidelines
  • Attorney-client privilege including Akzo-Nobel
  • Monitoring, auditing and reporting mechanisms
  • Conflicts of interest
Theodore L. Banks

4:45 Adjourn
Co-Chair(s)
Roxane C. Busey ~ Baker & McKenzie LLP
Speaker(s)
Theodore L. Banks ~ President, Compliance & Competition Consultants, LLC, Scharf Banks Marmor LLC
W. David Braun ~ Quarles & Brady LLP
Mildred L. Calhoun ~ Senior Counsel, Antitrust & Trade Regulation (Ret'd), BP America Inc.
William F. Dolan ~ Jones Day
Nathan P. Eimer ~ Eimer Stahl LLP
William L. Greene ~ Leonard, Street & Deinard
Blake L. Harrop ~ Senior Assistant Attorney General, Office of the Illinois Attorney General
Thomas E. Kelley ~ Consulting Patent Counsel, Monsanto Company
Amy B. Manning ~ McGuireWoods LLP
J. Robert Robertson ~ Hogan Lovells US LLP
Robert P. Taylor ~ Arnold & Porter LLP
Frank Vondrak ~ Assistant Chief, U.S. Department of Justice
Stephen Y. Wu ~ McDermott Will & Emery
Program Attorney(s)
Seema Lal Meehan ~ Program Attorney, Practising Law Institute
Chicago Seminar Location

University of Chicago Gleacher Center, 450 N. Cityfront Plaza Drive, Chicago, Il 60611. (312) 464-8787.

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Related Items

Handbook  Course Handbook Archive

Antitrust Counseling & Compliance 2013  
Antitrust Institute 2013: Developments & Hot Topics Yvonne S. Quinn, Sullivan & Cromwell LLP
Alan H. Silberman, DENTONS
Harvey I. Saferstein, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
J. Thomas Rosch, Latham & Watkins LLP
Roxane C. Busey, Baker & McKenzie LLP
 
Antitrust Counseling & Compliance 2012 M. Howard Morse, Cooley LLP
 
Antitrust Institute 2012: Developments & Hot Topics Yvonne S. Quinn, Sullivan & Cromwell LLP
Alan H. Silberman, DENTONS
Harvey I. Saferstein, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
J. Thomas Rosch, Latham & Watkins LLP
Roxane C. Busey, Baker & McKenzie LLP
 
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