Antitrust Compliance: Leveraging Lessons from the Apple Ruling to Mitigate Liability and Damages
Federal court's landmark ruling against Apple changes the game
Recording of a 90-minute CLE webinar with Q&A
This CLE course will focus on practical antitrust compliance lessons from the federal court's U.S. v. Apple decision, including guidelines for supplier, distributor and competitor communications. The panel will outline best practices for antitrust compliance in light of the Apple ruling.
Outline
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The decision and its implications
- What did the court decide?
- What comes next and what is the relevance of the court’s decision for other actions?
- What’s the monetary and other exposure of Apple and the other defendants?
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What are the compliance lessons from the decision?
- How does the evidence against Apple stack up against compliance protocols for distributors generally?
- How does the evidence against the publishers stack up against compliance protocols for competitor communications?
- Are there lessons from the opinion for the overall approach companies take to antitrust compliance?
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Could the outcome of the case have been different?
- How does the law determine whether a horizontal conspiracy exists?
- How does the law view a distributor’s participation in a supplier’s alleged conspiracy?
- Could standard antitrust compliance have changed the outcome?
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Counseling post-Apple decision
- How should distributors and similar companies handle negotiations with suppliers?
- What strategies might Apple have employed to enter the eBooks market to mitigate its antitrust exposure?
- Questions
Benefits
The panel will review these and other key questions:
- What were the key factual findings in the Apple decision, what evidence did the court rely on, and how did the factual findings lead to the court’s legal conclusions?
- What are the practical antitrust compliance lessons to be learned from the court’s decision?
- What should be the overall culture and direction of well-managed antitrust compliance programs?
- What specific guidelines for supplier (publishers) and distributor (Apple) communications, and specific guidelines for competitor communications and meetings should counsel urge clients to incorporate in antitrust compliance programs?
- How might the outcome in the case have been different if Apple and the publishers followed such guidelines?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Anthony W. Swisher
Partner
Squire Patton Boggs
Mr. Swisher has extensive experience representing clients before the FTC and the Antitrust Division of the DOJ in... | Read More
Mr. Swisher has extensive experience representing clients before the FTC and the Antitrust Division of the DOJ in connection with government antitrust investigations of mergers, acquisitions and joint ventures. He has represented clients in hundreds of matters and has deep experience in a wide range of industries, from insurance to healthcare to energy.
CloseChristopher L. Sagers
Professor
Cleveland-Marshall College of Law
He practiced law for four years in Washington, D.C., first at Arnold & Porter and then at Shea & Gardner. At... | Read More
He practiced law for four years in Washington, D.C., first at Arnold & Porter and then at Shea & Gardner. At both firms he was involved in large-scale litigation and public policy matters with a concentration on commercial affairs. His current scholarly focus is on antitrust and business regulation.
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