Bundled Discounts and Antitrust Compliance Amid Inconsistent Court Treatment and Heightened DOJ Scrutiny
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide antitrust counsel with an examination of the Department of Justice methods for analyzing bundled discounts and the conditions that trigger investigations. The panel will also discuss the split among the federal circuits and best practices for steering clear of antitrust violations.
- Impact and approaches to bundled discounts
- Anticompetitive impact of discounts
- Per se legality
- Raising rivals’ costs
- Split in the circuits
- 3d Circuit and LePage
- 9th Circuit Cascade Health v. PeaceHealth
- Other circuits’ and lower court decisions
- Agency action
- Best practices for avoiding antitrust violations
The panel will review these and other key issues:
- What business conduct is permissible in offering bundled discounts?
- How does discounting a range of products put a company at risk of violating antitrust laws?
- Which methods of analysis does the DOJ call for and what factors trigger when each is to be used?
Lauren E. Battaglia, Esq.
Hogan Lovells US
James J. Long
Briggs & Morgan
Mr. Long's litigation and counseling practice is concentrated in the areas of antitrust law, franchise law, and... | Read More
Mr. Long's litigation and counseling practice is concentrated in the areas of antitrust law, franchise law, and dealer/distribution/sales representative law. He has more than 26 years of experience in his practice areas, along with a background in economics. He counsels a number of clients on a variety of antitrust issues, including bundled rebate plans and other pricing practices.Close
Michael B. Miller
Morrison & Foerster
Mr. Miller's practice includes all aspects of complex antitrust and commercial litigation in federal and state... | Read More
Mr. Miller's practice includes all aspects of complex antitrust and commercial litigation in federal and state courts, at both the trial and appellate levels and in administrative proceedings. He also frequently counsels clients on antitrust, privacy, and data security-related issues.Close