Designing and Implementing Competition Law Policy and Training

Minimizing Cost of Noncompliance, Drafting Compliant Contracts, Training Business Clients on Commercial Communications

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

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Conducted on Thursday, April 21, 2016

Recorded event now available

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Course Materials

This CLE course will provide guidance to business counsel regarding competition law practices in business transactions, particularly for sales personnel training and business guidance in communications. The panel will discuss ways to meaningfully convey the significance of compliance, provide guidance to different types of employees, and maintain awareness of the importance of compliance within an organization.


The U.S. Department of Justice has collected billions of dollars in criminal fines, with enforcement increasing recently, and private plaintiffs continue to collect huge treble damage awards. Competition authorities in other countries are also piling on. Understanding how to advise clients regarding different forms of communications—pricing, requests for proposals, proprietary sales information—and provide practical instruction on obtaining and utilizing competitive intelligence in a commercial organization is an integral part of lawyers’ advisory roles.

Counsel and compliance officers are responsible for establishing clear policies and training guidelines to assist business clients in being able to discuss potential transactions with customers, suppliers, agents, and even with competitors - without sharing competitive information improperly or in a way that may create the appearance of an improper agreements. Sales conferences, negotiation cycles, industry events, and other types of professional associations increase the likelihood that conversations may arise that pose risk to a business if certain types of disclosures occur.

Because a business may have different types of relationships with the same entity—competitor in one instance, customer or collaborator in another—in-house counsel must be able to communicate the guidelines regarding permissible and impermissible communications and clearly enunciate them to business colleagues. Proactive training on these issues can ensure that proprietary information is protected and that competitive intelligence can be used within the receiving business.

Listen as our panel of experienced attorneys examines the risks associated with incomplete or outdated competition law policies and discusses best practices for competition law adherence from both legal and business perspectives.



  1. Types of competitive intelligence and elements of a policy
    1. Shifting relationships with suppliers, customers, agents and competitors
    2. Types of communications and sources of information
    3. Information screening and appropriate use
  2. Recent enforcement actions and penalties
  3. Best practices for advising business clients and minimizing risk


The panel will review these and other key issues:

  • Elements of a competitive intelligence program and policy
  • Types of communications and competitive intelligence that should be monitored
  • Review of recent enforcement actions and penalties
  • Best practices for advising business clients


Paula W. Render
Paula W. Render

Jones Day

Ms. Render is an antitrust litigator, defending clients against claims of price-fixing, market allocation,...  |  Read More

Theodore L. Banks
Theodore L. Banks

Scharf Banks Marmor

Mr. Banks concentrates his practice on antitrust, compliance, food law, and other corporate matters. He has...  |  Read More

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