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Lawyers counseling businesses should have a solid foundation in the principles of antitrust law 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 costly: federal and state government enforcement actions, jail time for executives, treble damages litigation, class actions, and adverse publicity are all risks when companies step over the line. Do you have the tools needed to help your clients avoid making costly mistakes without stopping them from engaging in lawful activity, so that they can accomplish 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 COVID-19 having on DOJ and FTC review of mergers and competitor collaborations? How will the agencies approach acquisitions involving distressed or bankrupt targets and how can companies best position themselves regarding such transactions?
- In the face of calls for more vigorous enforcement, especially in the high-technology sector, are the antitrust agencies stepping up enforcement? Are the existing antitrust theories of harm and tools up to the job?
- What impact might the presidential election have on antitrust enforcement?
- How does the acquisition of a “nascent” or “potential” competitor alter the antitrust analysis? What can we learn from the FTC’s recent wins in OttoBock/Freedom Innovations, Illumina/Pacific Biosciences, Ossur/College Park, Edgewell/Harry’s and the DOJ’s loss in FareLogix/Sabre? What leads the government to investigate non-reportable deals?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?
- 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”? Are NPEs (non-practicing entities) at risk of violating antitrust law? 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 need to know about competition law enforcement outside the U.S.? How much do you need to worry about enforcement in the BRIC countries (Brazil, Russia, India and China) as well as the EU? What does Brexit mean for competition enforcement in the EU and UK?
- 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?
Program Level: Basic
Intended Audience: 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.
Prerequisites: A fundamental understanding of antitrust law.
Advanced Prep: None