Lessons From FTC/DOJ
Enforcement Actions and Litigation
CD of Teleconference with Q&A
Click here for program outline
Conducted on Tuesday, October 14, 2008
Now available on CD
Sponsored by the Legal Publishing Group of Strafford Publications
Antitrust Teleconference Advisory Board
As competing businesses seek joint ventures and other collaborations as an alternative to mergers or acquisitions, the risk of antitrust violations increases. Competitors who collaborate must avoid clashing with antitrust laws — and drawing DOJ and FTC scrutiny.
The Supreme Court's 2006 ruling, Texaco Inc. v. Dagher and Shell Oil Co. v. Dagher, signaled that even government-approved joint ventures may be subject to private antitrust litigation. Many issues remain unclear in applying antitrust principles to competitor collaborations.
Since the DOJ and FTC released their "Antitrust Guidelines for Collaboration Among Competitors," federal regulators have demonstrated that they will punish joint ventures that go beyond legal boundaries.
Listen as our authoritative panel of antitrust law specialists addresses the circumstances under which competitor collaborations trigger antitrust investigations and examines best practices for planning and operating ventures with competitors.
The panel included:
David C. Kully, Trial Attorney, U.S. Department of Justice, Antitrust Division, Washington, D.C. He was part of DOJ’s trial team in its case against Visa and Mastercard, and he worked on the investigation of joint ventures established by major record labels to distribute music over the Internet. He leads DOJ's litigation against Consolidated Multiple Listing Service in Columbia, S.C., over restrictive membership rules. He worked on the investigation and litigation of National Assn. of Realtors.
Janet L. McDavid, Partner, Hogan & Hartson, Washington, D.C. She focuses on antitrust, competition, and trade regulation, with a particular emphasis on government investigations, litigation, and antitrust policy issues. She is widely recognized as a leading authority in antitrust law and has authored and co-authored many books and articles involving antitrust law.
David B. Goroff, Partner, Foley & Lardner, Chicago. In his antitrust practice, he prepares antitrust compliance programs for clients, structures joint ventures, and advises on the application of antitrust laws to previously regulated industries. He also assists clients with the merger review process, including preparation of Hart-Scott Rodino filings, white papers, and other materials in response to agency Second Requests for information.
The panel reviewed these and other key questions:
- What triggers FTC/DOJ scrutiny into cooperative relationships and how can businesses avoid crossing the line?
- What is the distinction between mergers and collaborations, and why do those differences matter?
- How effective are the safety zones established for permissible collaborations?
- How are courts ruling on collaboration vs. collusion issues?
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.