Exclusionary Business Conduct Under Antitrust Laws
Navigating the Evolving Standards and Enforcement for Refusals to Deal, Predatory Pricing and Other Activities
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel with a review of recent antitrust regulatory enforcement and case law developments to analyze business practices at risk for being deemed anti-competitive violations of antitrust laws.
Outline
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Exclusionary conduct that can potentially violate antitrust law
- Review of forms: refusal to deal, patent hold-up, predatory pricing, tying, bundling
- Sherman Act, Section 2
- Federal Trade Commission Act, Section 5
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Case law update
- Developments following the Supreme Court Verizon v. Trinko decision
- ZF Meritor L.L.C. v. Eaton Corp.
- American Airlines suit against Sabre, Orbitz and Travelport
- Apple private class action monopolization cases
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DOJ/FTC enforcement developments
- “Standards essential” investigations: Google, Samsung
- Refusals to deal: In re Pool Corp.
Benefits
The panel will review these and other key questions:
- What kind of company conduct is at risk of being the subject of an antitrust investigation or suit?.
- How are companies' uses of standards essential patents being investigated by the FTC and DOJ?
- How have courts analyzed exclusionary standards in the years since the Supreme Court's decision in Verizon v. Trinko?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Tyler A. Baker
Partner
Fenwick & West
He focuses on complex litigation, with an emphasis on antitrust and intellectual property law. He represents plaintiffs... | Read More
He focuses on complex litigation, with an emphasis on antitrust and intellectual property law. He represents plaintiffs and defendants in civil antitrust trials and targets of antitrust investigation. He advises on antitrust issues, including pricing and distribution practices, joint ventures, premerger notification, and merger reviews by the Department of Justice and the Federal Trade Commission. He represented Leegin Creative Leather Products from trial through the Supreme Court decision that overruled the long-standing per se rule against vertical price agreements.
CloseGlenn B. Manishin
Partner
Troutman Sanders
He concentrates his complex litigation practice in antitrust, telecommunications and technology policy. He has... | Read More
He concentrates his complex litigation practice in antitrust, telecommunications and technology policy. He has practiced antitrust law since working at the DOJ Antitrust Division in connection with the AT&T divestiture. He has participated in virtually all of the most important regulatory, judicial and legislative matters affecting telecommunications and the Internet for the past 30 years.
CloseAdam J. Di Vincenzo
Gibson Dunn
His practice focuses on government antitrust investigations, the antitrust aspects of mergers and acquisitions, and... | Read More
His practice focuses on government antitrust investigations, the antitrust aspects of mergers and acquisitions, and civil antitrust litigation. He has represented numerous clients before antitrust and competition enforcement authorities in the United States and other jurisdictions, and also regularly counsels clients on complex antitrust, regulatory, and compliance issues.
Close