Antitrust Enforcement for Single Firm Conduct: Sweeping Changes Under Way
New Strategies for Complying With Section 2 of the Sherman Act
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Thursday, August 6, 2009
Recorded event now available
This seminar will discuss the changes to antitrust enforcement signaled by the new administration. The panel will provide their perspectives for pricing and distribution practices, among others, going forward and will outline steps for companies and counsel to stay in compliance with antitrust law.
Description
On May 11, 2009, Assistant Attorney General for Antitrust Christine Varney announced the withdrawal of the Department of Justice 2008 report on single firm conduct under Section 2 of the Sherman Act, confirming it no longer represented DOJ policy.
With that withdrawal, the Antitrust Division shifts completely from the Bush administration’s stance. Gone are the days when some declared that no case would be brought against a dominant firm for violation of anti-monopoly law.
With the government's strong indications toward more aggressive antitrust enforcement against business, companies and their counsel must understand the new administration’s attitude on antitrust and take steps to ensure compliance with a new antitrust regime.
Listen as our authoritative panel of antitrust attorneys analyzes the impact for businesses and their counsel of the DOJ’s withdrawal of the 2008 section 2 report. The panel will offer best practices for single firm conduct as the new administration moves forward with changing antitrust policies.
Outline
- New DOJ approach to section 2 enforcement
- Withdrawal of section 2 report
- Balanced analysis in leading cases
- Impact on areas of concern for companies
- Resale price maintenance
- Pricing incentives
- Marketing practices
- Distribution practices
- EC’s action against Intel — will DOJ follow suit?
- Strategies to comply with antitrust law under the new administration
Benefits
The panel will review these and other key questions:
- What guidance can companies and their counsel learn from AAG Varney's statements about the Division's approach to section 2 enforcement going forward?
- What is the likely impact of the Division's shift in policy on areas such as pricing and distribution practices?
- What practical steps can companies and their counsel take to ensure compliance with anti-monopoly laws as government policies and practices undergo change?
Faculty
Janet L. McDavid,
Partner
Hogan & Hartson, Washington, D.C.
She focuses on antitrust, competition, and trade regulation, with a particular emphasis on government investigations, litigation, and antitrust policy issues. She is widely recognized as a leading authority in antitrust law and has authored and co-authored many books and articles involving antitrust law.
Deborah A. Garza,
Partner
Covington & Burling, Washington, D.C.
She co-chairs the firm’s Antitrust and Consumer Law Practice Group and has over 25 years of experience in the private and public sectors. She practices in all areas of antitrust law, counseling on mergers and acquisitions, joint ventures, distribution practices, and legislative matters. Prior to joining the firm, she served as Acting Assistant Attorney General in charge of the Antitrust Division.
Marc G. Schildkraut,
Partner
Dewey & LeBoeuf LLP, Washington, D.C.
He specializes in mergers and antitrust litigation and is responsible for obtaining antitrust clearances in some of the country’s largest mergers. Before joining the firm, he served as Assistant Director at the FTC's Bureau of Competition, where he directed the investigations of hundreds of mergers and several successful federal court injunction actions and administrative litigations.
Steven C. Salop,
Senior Consultant
CRA International, Washington, D.C.
He is a professor of economics and law at the Georgetown University Law Center, where he teaches antitrust law and economics. His research and consulting focuses on microeconomics, antitrust, competition, and regulation. He also focuses on various aspects of mergers and joint ventures, including market definition, partial ownership and cross-ownership interests, entry barriers, and efficiencies.
Ordering
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CLE:
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Customer Reviews
The webinar provided good practical advice.
Peter Bado
Thrivent Financial
Very well-organized.
Kerin Coughlin
Constantine Cannon
I found the content very useful and was impressed by the high quality of each speaker's ability to articulate his presentation.
Andrew Lillie
Hogan & Hartson
I liked the different speaker perspectives.
Gina Fama
Standard Chartered Bank
The program provided good legal references, good bullet points and good scope.
Tim Thomas
Kolesar & Leatham
Antitrust Law Advisory Board
Partner
Skadden Arps Slate Meagher & Flom
Partner
Fenwick & West
Shareholder
Greenberg Traurig
Partner
Foley & Lardner
Partner
Mayer Brown
Shareholder
Briggs and Morgan
Partner
Hogan Lovells
Partner
Jones Day
Partner
Akin Gump Strauss Hauer & Feld
Partner
Kaye Scholer
Partner
Gibson Dunn & Crutcher
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