Information Sharing by Competitors: Minimizing Antitrust Liability

Description

The substance and extent of information that can be shared between companies in competitor transactions is an area of serious concern and uncertainty for businesses. Until recently, courts have offered little guidance for businesses engaged in or considering competitor ventures.

However, in Jan. 2009, the U.S. District Court for the Northern District of Illinois set forth a detailed examination of pre-merger information sharing in Omnicare v. UnitedHealth Group.

This decision provides an analytical framework for evaluating the reliability and relevance of information exchanges offered as evidence of illegal collusion. It also provides counsel advising companies in competitor collaborations an early warning system for potential gun-jumping violations.

Listen as our authoritative panel of antitrust attorneys examines information-sharing traps, guidance offered by federal agency actions, and recent court decisions such as Omnicare. The panel will outline best practices for competitor businesses to avoid violating antitrust laws and regulations.

Outline

1. History and court treatment of gun-jumping
   1. Historical look at gun-jumping and court treatment
   2. Omnicare v. UnitedHealth Group (N.D. Ill. Jan. 16, 2009)
   3. Lessons learned from recent enforcement actions
2. Premature control
3. Information sharing traps for the unwary
   1. During due diligence and transition planning
   2. Joint marketing
   3. Transaction documentation
   4. Meetings of executives
4. Best practices

Benefits

The panel will review these and other key questions:

• What are the key activities that merging parties and competitive collaborators should avoid?
• What guidance does the Northern District of Illinois' decision provide for competitor ventures?
• What safeguards should companies implement to prevent sharing information that will violate antitrust law?

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.

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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