Why you should attend
Reinvigorated antitrust enforcement has resulted in changes to critical areas of antitrust law, from mergers to resale price maintenance, and cartels to price discrimination. In addition, 2011 was an extraordinarily rich year for antitrust law and sports, with lockouts impacting the NFL and NBA. Hear from leading antitrust practitioners, senior government officials, and state regulators about how to manage these changes. Whether you are a seasoned antitrust practitioner or just a beginner, this program will equip you with the knowledge and practice tips you can rely on daily.
What you will learn
- Clear exposition of important recent decisions and new developments
- Determining when it’s possible to require exclusive dealing
- Understanding the twists and turns of tying
- Practical risks of consumer class actions and private treble damages suits from competitors
- Discuss changes to H-S-R pre-merger notification process
- Impact of decisions in recent merger challenges
- New DOJ remedy guidelines
- What are the federal and state enforcement priorities?
- How is international antitrust enforcement shaping U.S. antitrust law?
- New topic! Antitrust issues in the NFL and NBA
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.
First Day: 9:00 a.m. - 5:00 p.m.
Morning Session: 9:00 a.m. - 12:15 p.m.
9:15 Cartels and Other Horizontal Relationships
- Section 1 of the Sherman Act: Overview and current Issues relating to horizontal relationships
- Rule of reason and per se scrutiny: What’s new?
- Bidding coordination; concerted allocation of customer markets; concerted refusals to deal
- Post-Twombly developments in pleading and discovery requirements
- ANDA settlements, cross-license agreements, patent pools, and technology market developments
Roxane C. Busey, Alan H. Silberman
11:00 Networking Break
- 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, including Intel
- 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
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
- How do you establish the “agreement” requirement?
- 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
- 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 Recent Decisions and Their Impact on Antitrust Enforcement and Litigation
- The Plaintiffs' view
- The Federal Enforcers' view
- The Defendants' view
Andre M. Geverola, David C. Gustman, Amy B. Manning
Second Day: 9:00 a.m. - 4:45 p.m.
Morning Session: 9:00 a.m. - 12:00 p.m.
9:00 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
- Buyer Liability
- Advertising and promotional allowances
- Proving antitrust injury and damages
Theodore L. Banks, Mildred L. Calhoun
10:45 Networking Break
11:00 Antitrust in the Sports Arena
- Overview of antitrust issues and their impact on sports matters
- Sports antitrust claims after the recent NFL and NBA lockouts
- Hear player and management perspectives
Andrew S. Tulumello (moderator), James T. McKeown, Matthew J. Mitten
Afternoon Session: 1:15 p.m. - 4:45 p.m.
1:15 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
Mildred L. Calhoun, Blake L. Harrop, Marvin N. Price, Jr., Stephen Y. Wu
2:30 What Lawyers Need to Know about International Antitrust Law
- International cartel enforcement
- Parental liability (Arkema/Elf Aquitaine) and discoverability of leniency materials (Pfleiderer and National Grid v. ABB)
- Developments in Europe, including Akzo-Nobel
- EU and U.S.: More convergence than meets the eye?
- Evolving standards for dominant firms
W. David Braun
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
Theodore L. Banks
~ President, Compliance & Competition Consultants, LLC, Scharf Banks Marmor LLC
Mildred L. Calhoun
~ Senior Counsel, Antitrust & Trade Regulation (Ret'd), BP America Inc.
Blake L. Harrop
~ Senior Assistant Attorney General, Office of the Illinois Attorney General
Chicago Seminar Location
University of Chicago Gleacher Center, 450 N. Cityfront Plaza Drive, Chicago, Il 60611. (312) 464-8787.
Chicago Hotel Accommodations
Intercontinental Hotel Chicago, 505 North Michigan Avenue, Chicago, IL 60611. 800-628-2112. Please contact directly in order to receive the preferred rate. When calling, please mention PLI and the name of the program you are attending.
Sheraton Chicago Hotel & Towers, 301 E. North Water Street, Chicago, IL 60611. (312) 464-1000.
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state 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.
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.