Detecting Antitrust Red Flags in Business Dealings: Avoiding Costly Pitfalls

Identifying Potential Violations in Competitor, Supplier and Customer Interactions and Business Decisions

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

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Conducted on Tuesday, August 26, 2014

Recorded event now available

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Course Materials

This CLE course will guide business counsel in identifying and proactively addressing potential antitrust red flags in business decisions involving competitors, suppliers and customers.


Businesses of all sizes run the risk of inadvertently violating antitrust laws when making decisions involving pricing, terms and conditions of sale, supplier and customer agreements, and advertising. Antitrust violations can trigger government investigations and lawsuits and lead to enormous penalties, severe civil and criminal sanctions, costly litigation, and damages.

Attorneys must know how to spot potential vulnerabilities in clients' business dealings that could create exposure to antitrust liability or government intervention. Counsel must also be able to recognize when clients' competitors, suppliers or customers are engaging in conduct that appears to be anti-competitive and harmful to clients.

Listen as our authoritative panel of antitrust attorneys explains how business counsel can help their clients detect and thwart potential antitrust problems when making decisions impacting competitors, suppliers and customers.



  1. When to look for antitrust risk
  2. Risks in dealing with competitors
    1. Fixing prices, duh.
    2. Exchanging information
    3. Joint ventures
    4. Mergers (and other agreements that invoke Section 7)
  3. Risks in dealing with suppliers/purchasers
    1. Vertical “agreements” & Colgate
    2. Price discrimination issues for manufacturers / retailers
  4. Have you been the victim of anticompetitive conduct?
    1. Business disputes (do you have a claim against your competitor/supplier/customer?)
    2. Are you a cartel victim and what can you do about it?


The panel will review these and other key questions:

  • What types of business activities and structures might suggest an antitrust violation?
  • What factors must be considered in evaluating whether specific conduct is competition itself or inhibits competition?
  • When is the issue of "market power" important and how do you determine whether it exists?


Bernick, Justin
Justin W. Bernick

Hogan Lovells US

Mr. Bernick's practice focuses on antitrust litigation and other complex commercial litigation, including class...  |  Read More

Jarod M. Bona
Jarod M. Bona

Bona Law

Mr. Bona has represented global clients in a wide variety of antitrust and competition matters, including issues...  |  Read More

Ryan W. Marth
Ryan W. Marth

Robins, Kaplan, Miller & Ciresi

Mr. Marth is a member of the firm’s antitrust practice group. His practice includes litigation in federal, state,...  |  Read More

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