Truncated Rule of Reason Analysis in Antitrust Representations
Strategies for Applying the Test Following the FTC’s Realcomp II Decision
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, September 21, 2010
Recorded event now available
This CLE webinar will provide guidance to counsel for companies involved in competitor collaborations or Section 1 investigations for applying the truncated rule of reason analysis, including the plaintiffs' burden of proof and available defenses.
Description
The Federal Trade Commission’s recent decision in Realcomp II has put the spotlight on the truncated rule of reason analysis. The decision significantly expands the scope of practices that are deemed inherently suspect and limits the justifications permitted for such practices.
Courts have been unclear and inconsistent in identifying when the truncated rule of reason analysis can be used. The new landscape created by the Realcomp II decision only makes it more difficult to determine when and where the truncated rule of reason analysis is appropriate.
Companies and counsel must understand the application of the truncated rule of reason analysis framework in the establishment of a violation of Section 1 of the Sherman Act, the burden of proof required of plaintiffs and effective defense strategies.
Listen as our authoritative panel of antitrust attorneys examines when the truncated rule of reason analysis applies, how courts and agencies have treated the analysis, and the expanded scope of the inherently suspect analysis. The panel will explain best practices for dealing with the rule of reason analysis, including what plaintiffs need to prove, available defenses, and the impact on joint ventures.
Outline
- Truncated rule of reason
- Application
- Treatment
- Expanded scope of inherently suspect analysis
- How Realcomp expanded what is inherently suspect
- Challenges posed for organizations in competitor collaborations
- Responding to those challenges
- Dealing with rule of reason analysis
- What plaintiffs need to prove
- Defenses
- Impact on joint ventures
Benefits
The panel will review these and other key questions:
- When is application of the truncated rule of reason analysis appropriate? How are the courts and agencies treating the analysis?
- How has the scope of the inherently suspect analysis been expanded?
- What must a plaintiff prove in the truncated analysis and what defenses are available?
Faculty
Geoffrey D. Oliver,
Partner
Jones Day, Washington, D.C.
He focuses on antitrust matters, with emphasis on government merger and conduct investigations and on litigation and counseling with respect to matters involving antitrust and patent law. He served at the FTC as the Assistant Director responsible for the Anticompetitive Practices Division. He also participated in policy initiatives involving standard-setting, intellectual property and other issues.
David L. Meyer,
Partner
Morrison & Foerster, Washington, D.C.
He co-chairs the firm's Global Antitrust and Competition Law Practice Group. He served most recently as the Principal Deputy Assistant Attorney General, and prior to that as the Deputy Assistant Attorney General for Civil Enforcement, where he was responsible for civil investigations and merger reviews in a wide range of industries.
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.
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(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
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.
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
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Customer Reviews
High quality content, good speakers, and convenient to do over the web.
Ed Moomjian
Udall Law Firm
Content was excellent.
Jonelle Burnham
Kimberly-Clark
All of the speakers had a wide range of knowledge.
Kimberly Hayes
General Mills
The information was relevant and well presented. The questions were good, and the speakers responded with clear knowledge.
Sheila Fox Morrison
Davis Wright Tremaine
I found the content very useful and was impressed by the high quality of each speaker's ability to articulate his presentation.
Andrew Lillie
Hogan & Hartson
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
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