Antitrust Enforcement for Single Firm Conduct: Sweeping Changes Under Way

New Strategies for Complying With Section 2 of the Sherman Act

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, August 6, 2009

Course Materials

This seminar will discuss the changes to antitrust enforcement signaled by the new administration. The panel will provide their perspectives for pricing and distribution practices, among others, going forward and will outline steps for companies and counsel to stay in compliance with antitrust law.

Description

On May 11, 2009, Assistant Attorney General for Antitrust Christine Varney announced the withdrawal of the Department of Justice 2008 report on single firm conduct under Section 2 of the Sherman Act, confirming it no longer represented DOJ policy.

With that withdrawal, the Antitrust Division shifts completely from the Bush administration’s stance. Gone are the days when some declared that no case would be brought against a dominant firm for violation of anti-monopoly law.

With the government's strong indications toward more aggressive antitrust enforcement against business, companies and their counsel must understand the new administration’s attitude on antitrust and take steps to ensure compliance with a new antitrust regime.

Listen as our authoritative panel of antitrust attorneys analyzes the impact for businesses and their counsel of the DOJ’s withdrawal of the 2008 section 2 report. The panel will offer best practices for single firm conduct as the new administration moves forward with changing antitrust policies.

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Outline

  1. New DOJ approach to section 2 enforcement
    1. Withdrawal of section 2 report
    2. Balanced analysis in leading cases
  2. Impact on areas of concern for companies
    1. Resale price maintenance
    2. Pricing incentives
    3. Marketing practices
    4. Distribution practices
    5. EC’s action against Intel — will DOJ follow suit?
  3. Strategies to comply with antitrust law under the new administration

Benefits

The panel will review these and other key questions:

  • What guidance can companies and their counsel learn from AAG Varney's statements about the Division's approach to section 2 enforcement going forward?
  • What is the likely impact of the Division's shift in policy on areas such as pricing and distribution practices?
  • What practical steps can companies and their counsel take to ensure compliance with anti-monopoly laws as government policies and practices undergo change?

Faculty

Janet L. McDavid
Janet L. McDavid
Partner
Hogan & Hartson

She focuses on antitrust, competition, and trade regulation, with a particular emphasis on government investigations,...  |  Read More

Deborah A. Garza
Deborah A. Garza
Partner
Covington & Burling

She co-chairs the firm’s Antitrust and Consumer Law Practice Group and has over 25 years of experience in the...  |  Read More

Marc G. Schildkraut
Marc G. Schildkraut
Partner
Dewey & LeBoeuf

He specializes in mergers and antitrust litigation and is responsible for obtaining antitrust clearances in some of the...  |  Read More

Steven C. Salop
Steven C. Salop
Senior Consultant
CRA International

He is a professor of economics and law at the Georgetown University Law Center, where he teaches antitrust law and...  |  Read More

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