Competitor Information Sharing in Joint Ventures and Mergers: Minimizing Antitrust Risks

Avoiding Gun-Jumping and Other Restraints on Competition

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, January 10, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to antitrust practitioners on the potential liability risks competitors face when sharing information related to a joint venture or when considering a merger. The panel will offer insights and guidance from recent court rulings and government enforcement actions.

Description

The substance and extent of information that can be shared among competitors in the context of a merger or joint venture is an area of continuing concern for businesses. If the sharing of competitor information is not handled appropriately, companies may face antitrust liability.

Recent litigation and government actions worldwide provide lessons on the proper parameters of information sharing when a company contemplates any business relationship with a competitor. Case law also provides guidance on avoiding gun-jumping during pre-merger due diligence.

Listen as our authoritative panel of antitrust attorneys examines competitor information sharing in mergers and other competitor collaborations, traps to avoid, lessons learned, and guidance from court and agency actions. The panel will outline best practices for competitor businesses to avoid violating antitrust laws and regulations.

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Outline

  1. Information sharing in the pre-merger context: avoiding gun-jumping
    1. Specific applications during due diligence and transition planning; joint marketing; transaction documentation; meetings of executives
    2. Guidelines and best practices
  2. Information sharing among competitors
    1. Overview of applicable law
    2. Risks of competitive information exchanges
    3. Specific applications: benchmarking, trade associations and standard setting
    4. Guidelines and best practices
  3. Learning from recent developments at the antitrust agencies and from private litigation

Benefits

The panel will review these and other key issues:

  • What are the key activities that merging parties and competitive collaborators should avoid?
  • What guidance do recent court decisions provide for competitor joint ventures?
  • What safeguards should companies implement to prevent sharing information that will violate antitrust law?

Faculty

Karen Kazmerzak
Karen Kazmerzak

Partner
Sidley Austin

Ms. Kazmerzak, a former FTC attorney, has a broad practice counseling clients regarding antitrust matters involved in...  |  Read More

Mary Lehner
Mary Lehner

Partner
Freshfields Bruckhaus Deringer

Ms. Lehner focuses on representing clients before the U.S. DOJ, the FTC and the state attorneys general on the...  |  Read More

Meghan Rissmiller
Meghan Rissmiller

Partner
Hogan Lovells

Ms. Rissmiller focuses on antitrust litigation, merger clearance, and non-merger antitrust investigations. She...  |  Read More

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