Antitrust Enforcement in 2023: Vertical Mergers, Interlocking Directorates, Unfair Competition, Information Sharing
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide an analysis of key changes in antitrust theory and enforcement by DOJ's Antitrust Division and the FTC during the first two years of the Biden administration. The panel discussion will include increased scrutiny of vertical mergers, interlocking directorates, information sharing, and the expanded view of what constitutes anticompetitive behavior.
- Fundamental changes in antitrust philosophy and enforcement under the Biden Administration
- No poach agreements
- Horizontal and Vertical Mergers and what to expect in the new DOJ-FTC merger guidelines
- Revisiting the "safe harbor" for information sharing in light of the DOJ's withdrawal of safe harbor guidance documents
- Redefining what constitutes unfair competition in light of the FTC's new Section 5 Unfair Methods of Competition Policy Statement
- The FTC's new proposed rule creating per se liability for employment non-compete provisions
The panel will review these and other important issues:
- How has the current administration's approach to antitrust affected its review of vertical mergers?
- What recent actions by the DOJ and the FTC indicate increased scrutiny of interlocking directorates?
- What are the likely effects of the Antitrust Division's withdrawal of previous policy statements regarding healthcare antitrust policies?
- What are the ramifications of the FTC's recent policy statement regarding unfair competition?
Alexis J. Gilman
Crowell & Moring
Mr. Gilman advises and represents clients on a broad range of civil antitrust and competition matters, including merger... | Read More
Mr. Gilman advises and represents clients on a broad range of civil antitrust and competition matters, including merger reviews and clearances, government investigations, premerger Hart-Scott-Rodino notifications, and antitrust litigation, with a particular focus on representing merging parties and third parties in merger investigations by the Federal Trade Commission, Department of Justice, and state attorneys general offices. He also counsels businesses and trade associations on antitrust compliance. Mr. Gilman brings significant prior government experience and expertise, having joined the firm from the Federal Trade Commission, where he was Assistant Director of the Mergers IV Division. His experience spans a wide range of industries and includes deep experience in healthcare, retail, consumer goods, food and beverage, distribution, casinos and gaming, biotechnology, and energy.Close
Kenina J. Lee
Axinn Veltrop & Harkrider
Ms. Lee litigates major class action and multi-district antitrust cases in federal courts throughout the United States.... | Read More
Ms. Lee litigates major class action and multi-district antitrust cases in federal courts throughout the United States. She also provides antitrust counseling and represents clients before the Federal Trade Commission (FTC) and Department of Justice (DOJ).Close
Davis Polk & Wardwell
Mr. Lynch helps clients formulate their antitrust clearance strategies for their most complex transactions. He also... | Read More
Mr. Lynch helps clients formulate their antitrust clearance strategies for their most complex transactions. He also represents clients in high-profile antitrust litigations. In addition, he advises clients in a variety of non-merger conduct investigations and competition-related regulatory proceedings. Mr. Lynch counsels clients across a wide range of industries, and has a particular focus on telecommunications, media, technology, advertising, privacy and internet-related issues.Close