in an Uncertain Legal Environment
CD of Teleconference with Q&A
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Conducted on Tuesday, June 10, 2008
Now available on CD |
In Cascade Health Solutions v. PeaceHealth, the Ninth Circuit adopted a new standard for bundled discounts and established a split between it and Third Circuit (LePage v. 3M) in analyzing bundled discounts. This leaves the treatment of bundled discounts unclear.
The district courts' approaches to bundled discounts have also been inconsistent and have not applied a consistent test to determine whether anti-competitive conduct has occurred. This further heightens the confusion for business.
In its 2007 report, the Antitrust Modernization Commission noted that Sherman Act Section 2 standards are not fully developed, particularly with respect to bundling, and there is a need for additional clarity of the standards. In Europe, the antitrust treatment on bundling is similarly in flux.
Listen as our panel of antitrust specialists examines the state of the law and recent developments regarding bundling. The panelists will discuss and derive insights regarding how antitrust enforcement agencies may view bundling, how the U.S. and E.U. approaches compare, and how to avoid, or at least anticipate, antitrust challenges.
The panel included:
Mark J. Botti, Partner, Akin Gump Strauss Hauer & Feld, Washington, D.C. He focuses on antitrust matters and has extensive experience involving the antitrust review of mergers and acquisitions. While at the Department of Justice, he litigated complex antitrust claims.
Joseph M. Miller, Assistant Chief of the Litigation I Section, Antitrust Division, U.S. Department of Justice, Washington, D.C. He oversees civil investigations in a wide range of industries, including insurance, healthcare and consumer products.
Mats Johnsson, Partner, Ashurst, Brussels, Belgium. He specializes in all aspects of EC and Swedish competition law. He focuses on cases dealing with cartels and abuse of dominant position.
The panel reviewed these and other key questions:
- What business conduct is permissible in offering bundled discounts?
- How does discounting a range of products put a company at risk of violating antitrust laws?
- How should price be measured in the multi-product discount context?
- What practices should defense counsel use to negotiate settlement agreements that are fair and reasonable to their clients — and avoid costly and time-consuming litigation?
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TELECONFERENCE CD
Purchase a CD-ROM of the full conference proceedings, including Q&A and PDF files of all handouts (available 10 days after the program).
- Regular Price - $297 (plus $9.45 S&H)
- With Teleconference Registration – an additional $75 (plus $9.45 S&H)
CLE credit is available for an additional $65 each for attorneys seeking CLE credits for NY or CT.
Other states may grant CLE credits for listening to this CD - check with your state about applying for self-study credit on CD-listening.