Threats of Antitrust Enforcement in the Supply Chain

The Biden Administration is using antitrust enforcement as a mechanism to tame inflation and counter disruptions in supply chains for all manner of goods. The U.S. Department of Justice (“DOJ”), Federal Trade Commission (“FTC”), and other federal agencies not traditionally associated with antitrust enforcement are using the myriad tools at their disposal to carry out this directive, from targeting companies that use supply disruptions as cover for anti-competitive conduct, to investigating industries with key roles in the supply chain, to challenging vertical mergers that consolidate suppliers into one firm.

In addition, the FTC’s proposed rulemaking on employee noncompete agreements and the expansion of its power under Section 5 of the FTC Act, as well as the DOJ’s recent withdrawal of policy statements providing a limited safe harbor for information sharing, heighten the risk of additional antitrust enforcement actions in the supply chain.

These actions will continue to impact companies across all sectors of the economy and should be of particular interest to manufacturers and other firms in the supply chain.  

Faculty will discuss:

• A general overview of the antitrust laws that apply to conduct in the supply chain. [10 minutes]
• Recent antitrust enforcement activity affecting the supply chain, including the proposed FTC regulation banning most employee noncompete agreement, the withdrawal of the Vertical Merger Guidelines and recent challenges to vertical mergers, the withdrawal of three policy statements relating to information sharing, and the FTC’s expansion of power under Section 5 of the FTC Act. [45 minutes]
• Best practices for reducing antitrust risk in this environment [5 minutes]

Who Should Attend:  In-house counsel, outside attorneys, compliance and related professionals with an interest in antitrust enforcement issues

Program Level: Update

Prerequisites: None

Advanced Preparation: None

Faculty:

Kate E. Gehl

Foley & Lardner LLP

Elizabeth A. N. Haas

Foley & Lardner LLP

Ian T. Hampton

Foley & Lardner LLP