Joint Venture Formation: Avoiding Antitrust Liability

Assessing Risk, Negotiating Terms and Structuring the Entity to Minimize Antitrust Exposure

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

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Conducted on Wednesday, July 11, 2012

Recorded event now available

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Course Materials

This CLE course will provide antitrust counsel with a review of the current legal environment for joint ventures. The panel will offer best practices to counsel for negotiating and structuring arrangements between business entities that avoid antitrust violations.

Description

Collaborations between businesses can provide cost-effective means of engaging in production, entering markets, conducting research, and offering new goods or services.

Joint ventures require participants be mindful of antitrust law to avoid potential civil, or even criminal, liability. Counsel advising business entities must be familiar with relevant federal statutes and the Supreme Court's 2010 decision in American Needle Inc. v. National Football League.

Negotiating and structuring joint venture deals requires consideration of form and means of mitigating risk, as well as knowledge of the practices most likely to attract the scrutiny of regulators.

Listen as our panel of experienced antitrust attorneys analyzes the legal standards and potential antitrust issues involved with developing joint ventures and offers best practices for negotiating and planning these business collaborations.

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Outline

  1. Antitrust law overview
    1. Sherman Act
    2. Clayton Act
    3. FTC Act
    4. American Needle Inc v. National Football League
  2. Antitrust risks: summary condemnation and criminal conduct
  3. Practical risk assessment
  4. Mitigating risk
  5. Joint venture case studies

Benefits

The panel will review these and other key questions:

  • What are the antitrust statutes and cases counsel need to know when reviewing joint ventures?
  • What distinguishes a rule-of-reason standard from per se antitrust violations?
  • What needs to be considered when conducting a joint venture's risk assessment?
  • How can a joint venture's risk of antitrust violation(s) be mitigated?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

J. Brady Dugan
J. Brady Dugan
Partner
Akin Gump Strauss Hauer & Feld

He represents both individuals and corporations in civil and criminal antitrust, fraud and related matters. His...  |  Read More

Edward B. Schwartz
Edward B. Schwartz
Partner
Steptoe & Johnson

He has over 25 years of experience representing clients in antitrust cases and other complex disputes. During that...  |  Read More

Anthony W. Swisher
Anthony W. Swisher
Partner
Akin Gump Strauss Hauer & Feld

He counsels clients on a wide range of antitrust issues, including proposed merger transactions, distribution, pricing...  |  Read More

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