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Learn when to say "no" and when to say "yes" to clients, and how to provide practical answers to the antitrust questions they will ask.
Why You Should Attend
Lawyers counseling businesses need a solid foundation in antitrust law principles and an understanding of the latest antitrust developments in order to advise their clients effectively. The consequences of running afoul of antitrust rules can be substantial: federal and state government enforcement actions, jail time for executives, treble damages, class actions, and adverse publicity. Get the tools you need to help your clients avoid making costly mistakes while still lawfully accomplishing their business goals. Attend this program and learn when to say “no” and when to say “yes” and how to provide practical answers to the antitrust questions your clients will ask.
What You Will Learn
• What impact is the Biden Administration having on antitrust enforcement? What should you know about the new leadership at the DOJ and FTC?
• Are there lessons from antitrust enforcement during COVID-19 and DOJ’s business reviews of proposed COVID-19 competitor collaborations?
• What impact is Congress having on antitrust enforcement? What antitrust legislation is pending, and will any of the proposals become law?
• What is at issue in the antitrust challenges filed by the DOJ, FTC and state AGs against Big Tech?
• Will the Supreme Court decision in AMG Capital Management v. FTC, taking away the FTC’s ability to obtain monetary relief in federal court, impact antitrust enforcement?
• When will the government challenge an acquisition of a “nascent” or “potential” competitor? What is a “killer acquisition”?
• When do “vertical mergers” present antitrust risks? Do I really need to worry about minority investments?
• What can we learn from recent merger enforcement including Visa/Plaid and Illumina/Grail?
• What impact is EU and UK merger enforcement having on deal strategy and merger agreements?
• When are bundled prices, loyalty discounts and exclusive dealing acceptable and when are they problematic? What about tying? What are the risks of dual distribution?
• When is exchanging information with competitors likely to be problematic?
• 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”? When are patent acquisitions at risk? How are the lower courts ruling on settlements of patent litigation after the Supreme Court decision in FTC v. Actavis?
• What do you do if you learn about price fixing at your company? When is it wise to self-report and seek leniency? Is extradition to the U.S. and jail time for foreign executives a real risk?
Earn one hour of Ethics credit.
Who Should Attend
This program is intended for in-house corporate counsel, attorneys in government and private practice, and other allied professionals with responsibility for, or interest in, antitrust matters.
A fundamental understanding of antitrust law. This program is intended for in-house corporate counsel, attorneys in government and private practice, and other allied professionals with responsibility for, or interest in, antitrust matters.