Antitrust Pitfalls in Internet Distribution

Minimizing Antitrust Risks in Manufacturer-Retailer E-Commerce Competition

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

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Conducted on Tuesday, February 24, 2009

Course Materials

This seminar will examine antitrust concerns for retailers, distributors and manufacturers with regard to Internet distribution with direct to consumer e-commerce sales. The seminar will review best practices to identify the potential for antitrust abuse and to avoid or minimize antitrust violations and liability.


Internet sales and distribution are playing a larger role in manufacturers' and distributors' marketing plans. The antitrust risks that arise in electronic commerce present unique challenges. Meanwhile, government antitrust authorities are increasing scrutiny on manufacturers engaged in e-commerce.

Manufacturers with Internet distribution are emerging as dominant players in some markets. They, along with retailers and other distributors, must understand the e-commerce antitrust risks related to location, customer restraint and minimized advertised price (MAP) programs.

As manufacturers, distributors, retailers and their counsel navigate the nuances of distribution and sales on the Internet, they must understand the application of traditional antitrust analysis to competitive issues in electronic commerce.

Listen as our authoritative panel of antitrust attorneys examines key antitrust issues that arise when manufacturers utilize e-commerce channels for sales. The panel will discuss what companies and their counsel can do to minimize antitrust liability in Internet distribution.



  1. Antitrust issues in Internet distribution
    1. Vertical restraints
    2. Horizontal restraints
    3. Gray market and other unauthorized seller issues
  2. Treatment of the Internet
    1. Location
    2. Method of distribution
  3. Best practices to minimize antitrust liability in electronic commerce


The panel will review these and other key questions:

  • What antitrust concerns must manufacturers and retailers address when distributing products on the Internet?
  • How is traditional antitrust analysis being applied to competitive issues in e-commerce and Internet distribution?
  • What steps can companies take to minimize legal exposure stemming from Internet distribution?


Lynda K. Marshall
Lynda K. Marshall

Hogan & Hartson

She focuses on antitrust and trade regulation issues, counseling clients on matters including distribution issues,...  |  Read More

Robert M. Lindquist
Robert M. Lindquist
Vice-President, Associate General Counsel and Chief Compliance Officer
Ingram Micro

He is responsible for legal and ethical compliance for Ingram Micro worldwide acting regional counsel for North...  |  Read More

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