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Overview
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.
With the Biden Administration Justice Department Antitrust Division and Federal Trade Commission aggressive enforcement policies, it is more important that ever to know what may violate the law.
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
After completing this program, participants will be able to answer the following questions:
- What impact is the Biden Administration having on antitrust enforcement? What are the enforcement priorities of the DOJ and FTC?
- What impact is Congress having on antitrust enforcement? Has Republican control of the House of Representatives changed the equation?
- When do “wage fixing” or “no poach” agreements raise antitrust concern?
- What is the status of the FTC’s efforts to ban “non-competes” between employers and workers?
- 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?
- 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?
- How has the Biden DOJ and FTC fared in court challenging mergers?What can we learn from recent merger enforcement including Penguin Random House, United Health, U.S. Sugar, Meta/Within, Microsoft/Activision, and Illumina/Grail?
- What impact is EU and UK merger enforcement having on deal strategy and merger agreements?
- What is at issue in the antitrust challenges filed by the DOJ, FTC and state AGs against Big Tech?
- What do I need to know about foreign competition law enforcement and how it differs from U.S. enforcement?
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.
Program Level: Overview
Prerequisites: A fundamental understanding of antitrust law.
Advanced Preparation: None