Avoiding Hub-and-Spoke Liability: Recent Antitrust Cases and Practical Advice for Vertical and Horizontal Players
Distinguishing a Series of Independent Vertical and Horizontal Agreements From a Hub-and-Spoke Conspiracy
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine hub-and-spoke agreements in antitrust, and the fact scenarios that can give rise to hub-and-spoke claims. The panel will discuss when a "rim" – that is, a horizontal agreement among competitors – can be inferred from a series of what appear to be vertical agreements or communications from a group of customers to a single supplier or from a group of suppliers to a single customers. The panel will also provide advice on how to avoid such categorization.
- Hub-and-spoke theory of horizontal agreement
- Establishment of a “rim”:
- By combination of a series of vertical agreements
- By communication or conduct among the parties
- Significant hub-and-spoke cases
- Practical steps to avoid hub-and-spoke categorization
The panel will review these and other key issues:
- When might a combination of vertical and communications between the “hub” and individual “spokes” be deemed to be a hub-and-spoke conspiracy?
- What kinds of facts and circumstances are considered evidence of a “rim” connecting horizontal players?
- What steps can be taken to avoid a hub-and-spoke categorization?
- What kinds of conduct and communication should be avoided?
Robert B. Bell
Hughes Hubbard & Reed
Mr. Bell has wide experience securing antitrust clearance for mergers and acquisitions from both the DOJ and the... | Read More
Mr. Bell has wide experience securing antitrust clearance for mergers and acquisitions from both the DOJ and the FTC and in representing companies and individuals in criminal and civil antitrust matters. He also regularly counsels clients on matters involving antitrust litigation and provides antitrust counseling on issues ranging from competitor collaborations to vertical distribution arrangements.Close
William L. Monts, III
Hogan Lovells US
Mr. Monts focuses his practice on antitrust and competition litigation, abuse of dominance and restrictive practices,... | Read More
Mr. Monts focuses his practice on antitrust and competition litigation, abuse of dominance and restrictive practices, competition compliance, class action and group litigation, and commercial litigation. He has handled virtually every kind of antitrust dispute — price fixing, market allocation, boycott, tying, price discrimination, and monopolization — for major international companies and domestic clients and associations in industries as diverse as automobiles, energy, healthcare, software, insurance, and the professions.Close