Antitrust Pitfalls for Manufacturer-Imposed Requirements
Structuring RPM Provisions and Overcoming Antitrust Risk in Territory and Customer Restrictions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide best practices to counsel for manufacturers and others in the distribution chain for developing reasonable price, territory and customer restrictions. The panel will give special consideration of resale price maintenance agreements in state, federal and international jurisdictions.
Outline
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Pricing restrictions
- RPM and the Leegin decision
- State treatment
- International
- Territory and customer restrictions
- Considerations for manufacturer restrictions upon dealers
Benefits
The panel will review these and other key questions:
- How are federal courts and state and antitrust authorities currently responding to RPM challenges?
- How can businesses and their counsel best cope with the conflicting treatment of RPM agreements?
- When are franchised dealers with exclusive territories likely to be deemed impermissible restrictions on competition?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty

Logan M. Breed
Partner
Hogan Lovells
Mr. Breed concentrates his practice on antitrust clearance of mergers and acquisitions, antitrust litigation, and... | Read More
Mr. Breed concentrates his practice on antitrust clearance of mergers and acquisitions, antitrust litigation, and non-merger antitrust investigations. He also counsels clients on a wide variety of issues, including joint ventures and other strategic alliances between competitors; antitrust compliance; pricing, distribution, and distributor and dealer relations; and consumer protection matters.
CloseJames M. Burns
Member
Dickinson Wright
He has focused his practice on antitrust law for over 25 years. During that time, he has litigated antitrust and... | Read More
He has focused his practice on antitrust law for over 25 years. During that time, he has litigated antitrust and related claims in trial and appellate courts across the country, advised clients on antitrust compliance issues, and represented clients before the DOJ Antitrust Division and the FTC on a wide variety of antitrust matters, including mergers and government investigations.
CloseAdrian Emch
Partner
Hogan Lovells
Mr. Emch is a specialist in competition/antitrust law and has broad experience in all aspects of competition law,... | Read More
Mr. Emch is a specialist in competition/antitrust law and has broad experience in all aspects of competition law, including merger control, multi-jurisdictional merger filings, cartel investigations and antitrust counseling. He is a lecturer of competition law and member of the faculty at Peking University's Law School.
Close