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.
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
Saul P. Morgenstern, Jennifer B. Patterson
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
Daniel G. Swanson
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
Holly A. House, Hon. J. Thomas Rosch
2:15
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
Yvonne S. Quinn
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
Gil Ohana, 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
Janet L. McDavid
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
Molly S. Boast , Patricia A. Conners, Richard Feinstein, Renata B. Hesse, J. Thomas Rosch
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
Harvey M. Applebaum, Harvey I. Saferstein, Deena Jo Schneider
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)
J. Thomas Rosch ~ Former Commissioner, Federal Trade Commission, Latham & Watkins LLP
Speaker(s)
Theodore L. Banks ~ President, Compliance & Competition Consultants, LLC, Scharf Banks Marmor LLC
Patricia A. Conners ~ Associate Deputy Attorney General, Office of the Attorney General of Florida
Renata B. Hesse ~ Deputy Assistant Attorney General for Criminal and Civil Operations, U.S. Department of Justice
Gil Ohana ~ Senior Director, Antitrust and Competition, Cisco Systems, Inc.
Program Attorney(s)
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.comSheraton 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.
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