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
This CLE course will guide business counsel in identifying and proactively addressing potential antitrust red flags in business decisions involving competitors, suppliers and customers.
Outline
- When to look for antitrust risk
- Risks in dealing with competitors
- Fixing prices, duh.
- Exchanging information
- Joint ventures
- Mergers (and other agreements that invoke Section 7)
- Risks in dealing with suppliers/purchasers
- Vertical “agreements” & Colgate
- Price discrimination issues for manufacturers / retailers
- Have you been the victim of anticompetitive conduct?
- Business disputes (do you have a claim against your competitor/supplier/customer?)
- Are you a cartel victim and what can you do about it?
Benefits
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?
Faculty
Justin W. Bernick
Partner
Hogan Lovells US
Mr. Bernick's practice focuses on antitrust litigation and other complex commercial litigation, including class... | Read More
Mr. Bernick's practice focuses on antitrust litigation and other complex commercial litigation, including class actions, as well as antitrust clearance of M&As and other government investigations. He represents clients in matters in state, federal district, and federal appellate courts throughout the U.S. Mr. Bernick also represents clients in matters before the FTC, the Antitrust Division of the DOJ, and various state attorneys general around the country.
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Jarod M. Bona
Founder
Bona Law
Mr. Bona has represented global clients in a wide variety of antitrust and competition matters, including issues... | Read More
Mr. Bona has represented global clients in a wide variety of antitrust and competition matters, including issues arising from IP disputes or settlements, agreements among competitors, exclusionary conduct, and M&A transactions, among others. He has also developed global antitrust policies for international trade associations and corporations, and has advised standard-setting organizations on antitrust and competition issues. Mr. Bona previously practiced at DLA Piper. He is the author of The Antitrust Attorney Blog [www.TheAntitrustAttorney.com].
CloseRyan W. Marth
Principal
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
Mr. Marth is a member of the firm’s antitrust practice group. His practice includes litigation in federal, state, and foreign courts, advocacy before state and federal antitrust enforcers, and counseling on antitrust, distribution, and related issues for large and small businesses. Mr. Marth recently served as the Chair of the Minnesota State Bar Association’s Antitrust Section, and has served as the Editor in Chief of the second edition of the Antitrust Section’s handbook, Joint Ventures: Antitrust Analysis of Collaborations Among Competitors.
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