Antitrust Risks for Trade Associations and Members: Ensuring Compliance Amid Intensive Federal Scrutiny

Avoiding Civil Forfeitures, Treble Damages and Sanctions Due to Anti-Competitive Conduct

A live 90-minute CLE webinar with interactive Q&A


Tuesday, May 16, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will prepare counsel representing trade associations and their members to minimize the risks of antitrust liability for activities and agreements impacting pricing or competition. The panel will review the relevant statutes and recent case law applicable to trade associations and outline effective antitrust compliance measures.

Description

Trade associations and their members regularly participate in activities that involve potential antitrust pitfalls. The areas most vulnerable for antitrust violations are information exchanges, membership decisions, non-member access to association events and services, codes of ethics and advertising rules, and trade shows.

Associations and members must avoid even the appearance of anti-competitive intent in all activities to ensure they do not violate antitrust laws and regulations. Failure to comply with antitrust laws can result in millions of dollars in civil forfeitures, triple damages to individual plaintiffs, enormous attorneys’ fees, and even criminal sanctions.

Trade associations must have clear compliance programs in place to prevent conduct that would facilitate competitors unlawfully coordinating on pricing or competition. Recent cases offer critical guidance on antitrust compliance for counsel to trade associations and their members.

Listen as our panel of experienced antitrust practitioners examines potential antitrust pitfalls for trade associations and their members, discusses lessons from recent antitrust enforcement actions, and offers guidance for minimizing anti-competitive conduct.

Outline

  1. Minimizing risk of antitrust violations for associations and members
    1. Agreements on prohibited subjects among competitors
    2. Membership issues and codes of ethics
    3. Marketing and trade shows
    4. Information exchanges
  2. Potential immunities
    1. Noerr-Pennington
    2. State action immunity
    3. Standard setting
  3. Antitrust compliance programs
    1. Dos and don’ts for the association and for members
    2. Association meetings
    3. Practical guidance for association meetings
    4. Lessons learned from recent litigation

Benefits

The panel will review these and other key issues:

  • What types of trade association activities most commonly trigger antitrust concerns and investigations?
  • What are the critical steps trade associations and their members should take to minimize the risk of antitrust violations?
  • What legal theories are being used to attach antitrust liability to trade associations and members—and what defenses are available?

Faculty

Adrian Fontecilla, Esq.
Proskauer Rose, Washington, D.C.

Mr. Fontecilla focuses his practice on complex antitrust litigation, including class actions and multidistrict litigation. He represents clients in arbitrations and in federal courts throughout the U.S. and in matters before the FTC, the DOJ and various state agencies. In addition, Mr. Fontecilla counsels clients regarding antitrust issues and advises companies in connection with government investigations and merger reviews.

Carl W. Hittinger, Partner
Baker & Hostetler, Philadelphia

Mr. Hittinger focuses his practice on complex commercial and civil rights litigation with an emphasis on antitrust and unfair competition matters. His more than 35 years of experience handling “bet-the-company” litigation and successfully trying lengthy jury and non-jury cases have honed his skills in the courtroom and in counseling clients on all aspects of civil and criminal antitrust and unfair competition law. Mr. Hittinger has resolved high-end, complicated cases for both plaintiffs and defendants in courts and before agencies across the U.S. throughout his comprehensive career.

Benjamin F. Holt, Partner
Hogan Lovells, Washington, D.C.

Mr. Holt concentrates his practice on antitrust litigation and other complex commercial litigation, including class action litigation. He has represented clients in antitrust actions in state, federal district and federal appellate courts throughout the United States. In addition, he has represented clients in matters before the FTC, the Antitrust Division of the DOJ, and various state AGs.


Live Webinar

Live Webinar $297.00

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00
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Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

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Registration Plus Recorded Event

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Live Webinar & Webinar Download $394.00

Recorded Webinar Download Only $97.00 with Registration/Webinar Combo

Live Webinar & Audio Download $394.00

Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo

Live Webinar & DVD $394.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

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CLE Credits By State

See CLE State Map >

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Customer Reviews

The materials were very good and I liked that they were available ahead of time.

David Meeker

Ferguson Enterprises

The handouts were very good with helpful cites.

Richard Macias

Creim Macias Koenig & Frey

The program was very good with a great deal of concrete, practical advice.

Jim Long

Briggs and Morgan

The real case examples and case citations were very helpful.

Tyler Wilkinson

Axley Brynelson

The webinar provided a very good and concise summary of the relevant laws and precedents in this area.

Edward V. Wilson

Husch Blackwell

or call 1-800-926-7926

Antitrust Law Advisory Board

Clifford H. Aronson

Partner

Skadden Arps Slate Meagher & Flom

Tyler A. Baker

Partner

Fenwick & West

W. Joseph Bruckner

Partner

Lockridge Grindal Nauen

Gregory J. Casas

Shareholder

Greenberg Traurig

David B. Goroff

Partner

Foley & Lardner

Allen P. Grunes

Partner

GeyerGorey

Robert N. Kaplan

Partner

Kaplan Fox & Kilsheimer

Christopher J. Kelly

Partner

Mayer Brown

James J. Long

Shareholder

Briggs and Morgan

Milton Marquis

Partner

Dickstein Shapiro

Janet L. McDavid

Partner

Hogan Lovells

Kevin D. McDonald

Partner

Jones Day

Daniel F. McInnis

Partner

Akin Gump Strauss Hauer & Feld

Saul P. Morgenstern

Partner

Kaye Scholer

John Thomas Rosch

Of Counsel

Latham & Watkins

Douglas Rosenthal

Partner

Constantine | Cannon

M. Sean Royall

Partner

Gibson Dunn & Crutcher

Joseph J. Tabacco, Jr.

Partner

Berman DeValerio

Douglas M. Tween

Partner

Linklaters

or call 1-800-926-7926

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