Avoiding Antitrust Violations in Competitor Collaborations
Lessons From FTC/DOJ Enforcement Actions and Litigation
Recording of a 90-minute CLE webinar with Q&A
This seminar will discuss when and how competitor collaborations will be subject to government antitrust investigations — and private litigation. The panel will offer their perspectives on best practices for planning and operating ventures with competitors.
- Antitrust principles applicable to competitor collaborations
- Applicable antitrust laws generally
- Purpose and overview of FTC/DOJ competitor collaboration guidelines
- Difference between mergers & collaborations; why does this matter?
- Safety zones — do they exist?
- Standard setting (brief overview)
- Fields of collaborations
- Elements of a joint venture
- Areas of common collaboration
- Trade associations
- Effects on competition — Balancing pro-competitive and anti-competitive effects (least restrictive means)
- Product quality
- Service to consumers
- Antitrust principles applicable to standard setting bodies
- Antitrust laws generally
- When patents read on standards — Role of Section 2
- Recent developments
The panel will review these and other key questions:
- What triggers FTC/DOJ scrutiny into cooperative relationships and how can businesses avoid crossing the line?
- What is the distinction between mergers and collaborations, and why do those differences matter?
- How effective are the safety zones established for permissible collaborations?
- How are courts ruling on collaboration vs. collusion issues?
Philip C. Larson
He chairs the firm's Antitrust, Competition, and Consumer Protection Practice Group. He focuses on joint ventures,... | Read More
He chairs the firm's Antitrust, Competition, and Consumer Protection Practice Group. He focuses on joint ventures, strategic alliances, and other cooperative relationships among competitors. He also focuses on antitrust clearance of mergers and acquisitions; pricing, distribution, and distributor and dealer relations; trade and professional associations; and advertising regulation.Close
Gary P. Zanfagna
Associate General Counsel and Chief Antitrust Counsel
Before joining Honeywell, he was Assistant Director for Policy Planning at the Federal Trade Commission. He was one of... | Read More
Before joining Honeywell, he was Assistant Director for Policy Planning at the Federal Trade Commission. He was one of the principal authors of the Antitrust Guidelines for Collaborations Among Competitors issued by the FTC and the Antitrust Division of the U.S. Department of Justice.Close
Freshfields Bruckhaus Deringer
She represents clients before the DOJ and FTC and in federal courts on many issues, including mergers, civil and... | Read More
She represents clients before the DOJ and FTC and in federal courts on many issues, including mergers, civil and criminal conduct matters, and administrative proceedings. Before joining the firm, she was Director of Civil Non-Merger Enforcement in the DOJ’s Antitrust Division and was involved in U.S. v. Microsoft, the proposed merger of United Airlines and USAir; and U.S. v. Visa Int’l matters.Close
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Strafford will process CLE credit for one person on each recording. All formats include program handouts.
CLE On-Demand Audio