Navigating the Conflicting DOJ and FTC Standards
***U.S. Dept. of Justice Report on Competition
and Monopoly Released Sept. 8***
CD of Teleconference with Q&A
Click here for program outline
Conducted on Tuesday, November 25, 2008
Now available on CD
Sponsored by the Legal Publishing Group of Strafford Publications
Antitrust Teleconference Advisory Board
The U.S. Department of Justice, Antitrust Division issued its year-long study on single-firm conduct under Section 2 of the Sherman Act in September. The 213-page report provides the DOJ's guidance to companies and counsel on the types of conduct that may violate antitrust law.
However, the Federal Trade Commission did not endorse the report, and three FTC Commissioners said it was due to a rift between the agencies over some of the report's conclusions. This move leaves companies and their counsel uncertain as to how to proceed.
Companies within the DOJ’s jurisdiction can rely on its policy statement, but companies within the FTC’s jurisdiction should anticipate a more aggressive approach. Should companies that aren't sure which reviewing agency they'll face prepare for the more rigorous review?
Listen as our panel of antitrust attorneys examines the DOJ's new guidance, provides their perspective on the FTC's refusal to endorse the report, and offers their best practices for companies to avoid violations.
The panel for this legal event includes:
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.
Charles T. (Chris) Compton, Partner, Wilson Sonsini Goodrich & Rosati, Palo Alto, Calif. He has overseen the antitrust regulatory work in over 900 mergers, acquisitions, and joint ventures, many of which involved investigations by the FTC, the Dept. of Justice, and the European Commission. He plays a leadership role in the firm's antitrust practice and focuses on merger regulatory and intellectual property issues.
Kyle Andeer, Attorney Advisor to Commissioner Thomas Rosch, Federal Trade Commission, Washington, D.C. He advises FTC Commissioner Rosch on competition issues. Before joining the Commissioner's office, he was in private practice and worked in the Dept. of Justice’s Antitrust Division for several years.
The panel reviewed these and other key questions:
- What guidance does the DOJ report provide concerning exclusionary conduct and the use of the profit-sacrifice test?
- What role will the DOJ's newly adopted safe harbor provisions play in determining whether single-firm conduct has violated antitrust law?
- What is the impact for companies of the FTC's refusal to endorse the DOJ enforcement standards?
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.
Click here for program outline