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Relationships among Competitors:  Lawful Collaborations, Unreasonable Restraints and Cartels                

Recorded on: Apr. 18, 2018
Running Time: 01:33:03

Full Transcript:



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Taken from the Web Program Developments in Antitrust Law & Regulation 2018 Recorded April 2018 in New York

Relationships among Competitors:  Lawful Collaborations, Unreasonable Restraints and Cartels [01:33:03]

  • Protecting Competition -- Overview of Section 1 of the Sherman Act
    • What is an agreement?
    • What makes an agreement lawful/unlawful under Section 1?
    • What are the tools we use to determine lawfulness of agreements among competitors?
      • The per se rule
      • The Rule of Reason
  • Consequences of violating Section 1
    • Criminal
    • Civil exposure
    • Collateral consequences
      • Debarment for certain government-facing industries
      • International issues
      • Reputational/Political
  • Cartel Enforcement -- Criminal and Civil
  • Common Relationships among Competitors Judged Under the Rule of Reason
    • Joint ventures and similar competitor collaborations
    • Benchmarking and Information sharing
    • Trade associations
  • “Hub and Spoke conspiracies”/When the “vertical” becomes “horizontal”
  • State actions and other exemptions and immunities

Speakers: Saul P. Morgenstern


The purchase price of this Web Program segment includes the following article from the Course Handbook available online:

  • Saul P. Morgenstern, Margaret A. Rogers, Travis Clark, Jesse Feitel, and Leah Harrell, Cartels and Other Horizontal Relationships (February 22, 2018)
    Saul P. Morgenstern

Presentation Material

  • Relationships among Competitors: Lawful Collaborations, Unreasonable Restraints and Cartels
    Saul P. Morgenstern
(s)
Saul P Morgenstern ~ Arnold & Porter Kaye Scholer LLP
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