Joint Venture Formation: Avoiding Antitrust Liability
Assessing Risk, Negotiating Terms and Structuring the Entity to Minimize Antitrust Exposure
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, July 11, 2012
Recorded event now available
This CLE webinar will provide antitrust counsel with a review of the current legal environment for joint ventures. The panel will offer best practices to counsel for negotiating and structuring arrangements between business entities that avoid antitrust violations.
Description
Collaborations between businesses can provide cost-effective means of engaging in production, entering markets, conducting research, and offering new goods or services.
Joint ventures require participants be mindful of antitrust law to avoid potential civil, or even criminal, liability. Counsel advising business entities must be familiar with relevant federal statutes and the Supreme Court's 2010 decision in American Needle Inc. v. National Football League.
Negotiating and structuring joint venture deals requires consideration of form and means of mitigating risk, as well as knowledge of the practices most likely to attract the scrutiny of regulators.
Listen as our panel of experienced antitrust attorneys analyzes the legal standards and potential antitrust issues involved with developing joint ventures and offers best practices for negotiating and planning these business collaborations.
Outline
- Antitrust law overview
- Sherman Act
- Clayton Act
- FTC Act
- American Needle Inc v. National Football League
- Antitrust risks: summary condemnation and criminal conduct
- Practical risk assessment
- Mitigating risk
- Joint venture case studies
Benefits
The panel will review these and other key questions:
- What are the antitrust statutes and cases counsel need to know when reviewing joint ventures?
- What distinguishes a rule-of-reason standard from per se antitrust violations?
- What needs to be considered when conducting a joint venture's risk assessment?
- How can a joint venture's risk of antitrust violation(s) be mitigated?
Faculty
J. Brady Dugan, Partner
Akin Gump Strauss Hauer & Feld, Washington, D.C.
He represents both individuals and corporations in civil and criminal antitrust, fraud and related matters. His practice includes litigation as well as government and internal investigations. He also provides advice on issues related to antitrust and fraud compliance. He has significant experience with the antitrust review of mergers and acquisitions in a variety of industries.
Edward B. Schwartz, Partner
Steptoe & Johnson, Washington, D.C.
He has over 25 years of experience representing clients in antitrust cases and other complex disputes. During that time, he has aggressively and successfully defended his clients in class action and other cases alleging a variety of antitrust claims, including, among others, conspiratorial conduct, unilateral conduct, and price discrimination.
Anthony W. Swisher, Partner
Akin Gump Strauss Hauer & Feld, Washington, D.C.
He counsels clients on a wide range of antitrust issues, including proposed merger transactions, distribution, pricing practices, and joint ventures. He is experienced in all phases of government antitrust merger investigations, from analysis of Hart-Scott-Rodino pre-merger filing issues to advocacy before enforcement agencies during the investigatory process, to negotiation of consent decrees.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
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, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, 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 $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, 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. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
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CLE Credit
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Customer Reviews
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James J. Long
Briggs & Morgan
The seminar provided great examples to correspond with the subject matter.
Susan Gray
Hanesbrands Inc. - Law Dept.
The scope of the program provided in-depth information, as opposed to a general survey of issues/topics.
Joseph Zawila
Wolff & Samson
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David Laing
Baker & McKenzie
The real case examples and case citations were very helpful.
Tyler Wilkinson
Axley Brynelson
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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