Price Discrimination in a Bid Market: Feesers v. Michael Foods
Avoiding Competitive Injury Risks Under Robinson-Patman
Recording of a 60-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, March 10, 2010
Recorded event now available
This CLE webinar will discuss steps that companies and counsel should take to implement price discounting processes that avoid antitrust liability under the Robinson-Patman Act, particularly in light of the Third Circuit's game-changing decision in Feesers v. Michael Foods.
Description
The Third U.S. Circuit Court of Appeals, in its recent decision in the closely watched Feesers v. Michael Foods, unanimously declined to broadly interpret "competing purchaser," minimizing the likelihood of Robinson-Patman Act claims arising from bidding situations.
The decision dramatically changes the scope of Robinson-Patman and has broad implication for companies that have distribution of goods and services.
To stay within the boundaries of the Act and avoid related antitrust liability, companies and their counsel must understand the Robinson-Patman requirements and prohibitions—and potential price discrimination traps.
Listen as our authoritative panel of antitrust attorneys examines the Feesers decision and its implications for providers of goods and services. The panel will discuss practical ways for companies and counsel to implement price discounting processes while avoiding antitrust liability.
Outline
- Application of RP
- Industries
- Situations
- What are competing purchasers?
- Court treatment and implications
- Feesers v. Michael Foods (3d Cir. Jan. 7, 2010)
- Volvo Trucks North America v. Reeder-Simco (U.S. 2006)
- Toledo Mack Sales & Serv. v. Mack Trucks (3d Cir. 2008)
- Avoiding antitrust pitfalls in price discounting
- Defenses to price discrimination violation
- Proving competitive injury
- Proving damages
- Defensible price differences
Benefits
The panel will review these and other key questions:
- What are the implications of the Feeser decision on the bid market process?
- When are companies considered "competing purchasers" for purposes of the Robinson-Patman Act?
- What practices can companies use to minimize antitrust violations in their price discounting practices?
Faculty
Robert A. Lipstein,
Partner
Crowell & Moring, Washington, D.C.
He counsels and represents clients before the FTC and the Antitrust Division of the DOJ regarding mergers, acquisitions, joint ventures, competitor collaborations, and compliance with the Hart-Scott-Rodino Act. He has particular expertise on mergers and acquisitions, including pre-merger integration planning procedures and product distribution.
Mark J. Botti,
Partner
Akin Gump Strauss Hauer & Feld, Washington, D.C.
He focuses on antitrust matters. He has extensive experience involving the antitrust review of mergers and acquisitions. He served as Department of Justice Litigation I Section Chief and litigated complex antitrust claims, bringing monopolization cases, horizontal conspiracy suits and merger challenges.
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, GA, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, 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 $149.00
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, GA, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, 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) $49.00
Available three business days after the live event
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
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
Requires Adobe Reader 8 or later. Download Acrobat FREE.
Program Materials
Requires Adobe Reader 8 or later. Download Acrobat FREE.
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.
Customer Reviews
The seminar provided great examples to correspond with the subject matter.
Susan Gray
Hanesbrands Inc. - Law Dept.
The real case examples and case citations were very helpful.
Tyler Wilkinson
Axley Brynelson, LLP
All the speakers seemed extremely knowledgeable on the subject matter. Overall a very good seminar.
Stephan R. Silen
American AgCredit
The presentations provided great insight.
Josh WInslow
Pabian & Russell
Another great job by Strafford!
Jessica Brown
Gibson Dunn
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
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.