Private Antitrust Litigation on the Rise

Strategies for Addressing Parallel Proceedings, Defending Claims, and Minimizing Damages

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


Conducted on Wednesday, February 10, 2010
Recorded event now available


This CLE webinar will review the current state of private antitrust litigation, the courts' treatment of Twombly pleading requirements, and emerging litigation trends. The panel will outline effective strategies for defenses and remedies — and how to minimize the risks of private antitrust litigation.

Description

The use of private antitrust litigation seeking to compensate victims of antitrust injury has increased sharply in the last several years. Although such litigation often follows government investigations and litigation, many such suits arise independently of government action.

Private antitrust litigation is a significant threat to businesses due to the potential for treble damages. Private antitrust suits can arise from either horizontal conduct, such as price-fixing, or vertical conduct.

Moreover, participation in the Department of Justice’s amnesty program will not shield companies from private litigation. It is important that businesses and their counsel thoroughly understand and utilize strategies to minimize the impact of private antitrust litigation.

Listen as our authoritative panel of antitrust attorneys examines private antitrust litigation, where the cases are focused, pleadings requirements, and litigation trends. The panel will also offer their insights into defenses, remedies and strategies to minimize the risk of private antitrust litigation.

Outline

  1. Litigation strategies
    1. Based on vertical conduct
    2. Based on horizontal conduct
    3. Pleading requirements post Twombly
    4. Class actions
    5. Unique issues when parallel proceedings
  2. Defenses
    1. Pass on
    2. In pari delicto
    3. Unclean hands
    4. Best practices
  3. Remedies
    1. Actual damages
    2. Injunctive relief
    3. Contribution
    4. Mitigation of damages
  4. Strategies to minimize antitrust risk

Benefits

The panel will review these and other key questions:

  • What types of antitrust matters are subject to private litigation?
  • What are the recent developments in private antitrust litigation?
  • What key issues arise when private litigation is a follow-on to a government investigation and results in parallel proceedings?
  • What strategies can companies and counsel employ to minimize the risk of private antitrust litigation?

Faculty

William L. Monts, Partner
Hogan & Hartson, 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.

Jeffrey Blumenfeld, Partner
Crowell & Moring, Washington, D.C.

He specializes in antitrust and other complex litigation, and competition issues facing technology companies, including at the intersection of intellectual property and competition law. He also handles cartel investigations and trials and has significant antitrust experience in counseling, litigation and trial of both civil and criminal antitrust matters.

C. Fairley Spillman, Partner
Akin Gump Strauss Hauer & Feld, Washington, D.C.

She focuses on complex antitrust and energy matters, representing companies in private antitrust litigation and before government agencies. Her practice also includes litigation and counseling regarding actions of the federal government. She has served as vice chair of the ABA antitrust section's fuels and energy committee.

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, 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 $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, 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.

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

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Can't Attend the Live Program?

CLE Credit

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Customer Reviews

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

James J. Long

Briggs & Morgan

The speaker's practical discussions were particularly helpful.

Kenneth J. Clarkson

Sullivan, Ward, Asher & Patton

Content was superb.

Patrick Webb

Webb & Carey

One of the best CLEs outside my firm that I have attended in a long time. The materials and the dual perspectives were great and the comments on one another's presentations were very instructive.

Lisa Taylor Hudson

Sands Anderson Marks & Miller

Very well-organized.

Kerin Coughlin

Constantine Cannon

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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