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.
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.
- Minimizing risk of antitrust violations for associations and members
- Agreements on prohibited subjects among competitors
- Membership issues and codes of ethics
- Marketing and trade shows
- Information exchanges
- Potential immunities
- State action immunity
- Standard setting
- Antitrust compliance programs
- Dos and don’ts for the association and for members
- Association meetings
- Practical guidance for association meetings
- Lessons learned from recent litigation
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?
Adrian Fontecilla, Esq.
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,
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
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 $297.00
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This webinar is eligible for at least 1.5 general CLE credits.
CLE credits are not available for PR.
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CLE On-Demand Video $297.00
Available 48 hours after the live event
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CLE Credits By State
The materials were very good and I liked that they were available ahead of time.
The handouts were very good with helpful cites.
Creim Macias Koenig & Frey
The program was very good with a great deal of concrete, practical advice.
Briggs and Morgan
The real case examples and case citations were very helpful.
The webinar provided a very good and concise summary of the relevant laws and precedents in this area.
Edward V. Wilson
Antitrust Law Advisory Board
Skadden Arps Slate Meagher & Flom
Fenwick & West
Lockridge Grindal Nauen
Foley & Lardner
Kaplan Fox & Kilsheimer
Briggs and Morgan
Akin Gump Strauss Hauer & Feld
Latham & Watkins
Constantine | Cannon
Gibson Dunn & Crutcher
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