Competitor Collaborations After American Needle v. NFL

Avoiding Antitrust Violations in Joint Ventures with Competitors

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Wednesday, July 21, 2010
Recorded event now available


This CLE webinar will provide guidance on minimizing antitrust risks for companies and counsel involved in or considering competitor collaborations. The panel will discuss the Supreme Court's recent ruling in American Needle and outline best practices to avoid anticompetitive conduct when working with competitors.

Description

The Supreme Court’s American Needle v. National Football League decision that the NFL is made up of 32 separate business entities whose conduct is subject to antitrust restrictions brings a new focus to competitor collaborations. The merits of that case are still to be decided on remand.

Since the DOJ and FTC released their “Antitrust Guidelines for Collaboration Among Competitors,” federal regulators have shown that they will not hesitate to rein in joint ventures that go beyond legal boundaries. American Needle tends to reinforce that view.

As competing businesses look to joint ventures or other collaborations as an alternative to mergers or acquisitions, the risks of antitrust violations increase. Competitors who collaborate must avoid clashing with antitrust laws—and drawing DOJ and FTC scrutiny.

Listen as our authoritative panel of antitrust attorneys examines the American Needle decision and the implications of the Court’s ruling, the circumstances under which competitor collaborations trigger antitrust investigations, and best practices for planning and operating ventures with competitors.

Outline

  1. American Needle v. NFL
    1. Brief review of the facts
    2. Supreme Court ruling
    3. Implications on Dagher
  2. Effects on competition (balancing pro-competitive and anti-competitive effects)
    1. Pricing
    2. Cost
    3. Product quality
    4. Service to consumers
    5. Production
  3. Best practices for planning and operating ventures with competitors

Benefits

The panel will review these and other key questions:

  • What is the anticipated impact of American Needle ruling on the application of Dagher?
  • How effective are the safety zones established for permissible collaborations?
  • How are courts ruling on collaboration v. collusion issues?

Faculty

Robert Schlossberg, Partner
Freshfields Bruckhaus Deringer, Washington, D.C.

He represents clients on antitrust matters with a particular emphasis on practice before the FTC and the Antitrust Division of the Justice Department. He has considerable experience with antitrust issues in mergers and acquisitions and has guided scores of national and international transactions through antitrust review to a successful conclusion.

Robert B. Bell, Partner
Kaye Scholer, Washington, D.C.

He has extensive experience in securing antitrust clearance for mergers and acquisitions from the Department of Justice and the FTC. He regularly advises clients on matters involving antitrust litigation and merger clearance, and provides antitrust counseling on issues ranging from competitor collaborations to vertical distribution arrangements.

William L. Monts, III, Partner
Hogan Lovells, Washington, D.C.

He focuses on antitrust and complex litigation matters in various aspects of the petroleum industry. He represents clients in major cases alleging price-fixing, market allocation, and unlawful price discrimination. He also counsels clients in a variety of industries concerning the application of federal and state antitrust laws.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, FL, GA, MO, MT, TX, UT, VT, WA.
Upon request, also available in: CO, CT*, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, FL, GA, HI, MO, MT, NY, TX, UT, VT, WA, WV. Upon request, self-study credit is also available in: CO, ID, KY, ME, ND, NE, NH, NM, NV, OR, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $49.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $49.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $49.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Can't Attend the Live Program?

CLE Credit

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Customer Reviews

The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.

Chris Kelly

Mayer Brown

This was an excellent teleconference; one of the best I have listened to. The speakers were all very knowledgeable on the subject, but importantly, they were able to present in a very direct, easy to listen to and understand style.

Jose E Guzman, Jr.

Nossaman

The speakers were tops in their industry.

Peter Danias

Kaye Scholer

Very good.  Gave me exactly what I wanted.  The questions I emailed in were handled thoroughly.

James J. Long

Briggs & Morgan

Very concise - provided what was needed, yet also included many examples, thoughts and ideas.

Ron Keith

Skilled Care

Antitrust Law Advisory Board

Clifford H. Aronson

Partner

Skadden Arps Slate Meagher & Flom

Tyler A. Baker

Partner

Fenwick & West

Gregory J. Casas

Shareholder

Greenberg Traurig

David B. Goroff

Partner

Foley & Lardner

Christopher J. Kelly

Partner

Mayer Brown

James J. Long

Shareholder

Briggs and Morgan

Janet L. McDavid

Partner

Hogan Lovells

Kevin D. McDonald

Partner

Jones Day

Daniel F. McInnis

Partner

Akin Gump Strauss Hauer & Feld

Saul P. Morgenstern

Partner

Kaye Scholer

M. Sean Royall

Partner

Gibson Dunn & Crutcher

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