Antitrust Concerns With Joint Ventures and Collaborations: Competitive vs. Anticompetitive Effects, NCAA v. Alston
Avoiding Liability for "Naked" Agreements, Ancillary Restraints, Collusion
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will analyze the potential antitrust ramifications of joint ventures (JVs) and other collaborations between competitors and how to balance the pro-competitive efficiencies against the anticompetitive effects of a proposed JV. The panel will also discuss recent cases, including NCAA v. Alston, currently before the U.S. Supreme Court, and agency guidance regarding "naked" transactions, competitive restraints, information sharing, and more.
- Competitive benefits of JVs and other business collaborations
- Antitrust issues
- JV must be legitimate, not a "naked" agreement among competitors to collude
- Competitive restraints placed on the venture itself or its members: standard of review
- Analysis of market footprint and whether a business combination is "too big" to be acceptable
- Information sharing
- AAC v. Alston and NCAA v. Alston, and other recent case law
- Federal guidance
The panel will review these and other key issues:
- What is a "naked" agreement?
- What kinds of competitive restraints are acceptable within a JV and which are not?
- How does the size and footprint figure into the antitrust analysis of a JV?
- What steps should a JV take to control information sharing?
Ms. Kazmerzak, a former FTC attorney, has a broad practice counseling clients regarding antitrust matters involved in... | Read More
Ms. Kazmerzak, a former FTC attorney, has a broad practice counseling clients regarding antitrust matters involved in M&As and concerning antitrust issues in licensing, distribution, pricing, and competitor collaborations. She represents clients seeking merger clearance from the FTC and the U.S. DOJ, and clients that are third-party market participants subpoenaed by the government or that oppose an acquisition. Ms. Kazmerzakalso works closely with co-counsel and economists to develop the best global strategy for clients’ advocacy across several jurisdictions, including in the U.S.Close
Howard M. Ullman
Orrick Herrington & Sutcliffe
Mr. Ullman is a member of the Firm's Litigation and the Antitrust and Competition Groups. He focuses his... | Read More
Mr. Ullman is a member of the Firm's Litigation and the Antitrust and Competition Groups. He focuses his practice on competition and antitrust law, trade regulation, unfair competition, class action and complex litigation issues. He has extensive experience advising on distribution law and distribution system issues (including competitor collaborations, pricing issues, non-price restraints and dealer termination issues). He routinely addresses and counsels on the antitrust / intellectual property interface. He regularly counsels companies on competition issues and price fixing, including Robinson-Patman Act (price discrimination) issues and market concentration issues.Close