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    PLI PLUS

    On-Demand

    New Frontiers in Vertical Restraints, “Exclusionary Contracts” and Resale Price Maintenance 

    62-minutes
    Up to 1 credit

    Segment details

    This session will provide an overview of vertical restraints, exclusionary contracts, and RPM and discuss related updates. After completing this session, participants will be able to understand: 
    • How the allegations in FTC v. Amazon compare to more traditional case law on tying, most favored nation clauses, and resale price maintenance.
    • Why the Epic Games’ challenges to app store policies resulted in different outcomes for Apple than for Google.  
    • How the DOJ’s monopolization cases against Google search in ad tech might impact scrutiny of exclusive dealing and tying in other contexts.
    • Differences between the E.U. Digital Markets Act and U.S. antitrust law with respect to interoperability, self-preferencing, duties to deal, and other issues in business ecosystems. 
    • What vertical restraints are likely to face scrutiny under the FTC’s Section 5 enforcement.
    • What companies can do to manage antitrust risk when attempting to prevent channel conflict, cannibalization, and free riding in their distribution networks, including in e-commerce.
    Craig G. Falls

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