Joint Ventures: Avoiding Antitrust Liability After JV is Established
Lessons Learned from Twombly, Dagher, Copperweld and Starr
Second Circuit 2010 decision provides guidance for JV management
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance for businesses engaged in joint ventures to avoid antitrust liability after the JV formation. The panel will discuss the implications of key recent court decisions and offer best practices for companies and counsel in operating and managing joint ventures.
- Court treatment and implications for operations/management of JVs
- Copperweld Corp. v. Independence Tube Corp. (1984)
- Texaco Inc. v. Dagher (U.S. 2006)
- Bell Atlantic v. Twombly (U.S. 2007)
- Starr v. Sony BMG Music Entertainment (2d Cir. 2010)
- Implications of the impending American Needle case
- What creates heightened risk of government investigation or private challenge?
- Nature of the markets
- Compliance programs
- Effects in the market
- Strategies/practical steps to minimize antitrust risk and avoid antitrust violations
- In communications between JVs and its partners
- In interactions between the partners
- In formal governance of and decision making for the JV
The panel will review these and other key questions:
- What guidance can be learned from court decisions since Twombly concerning joint venture activity?
- What actions by competitors in joint ventures trigger FTC/DOJ scrutiny?
- What steps can joint venture parties and counsel take in managing and operating joint ventures to ensure compliance with antitrust law?
Mark J. Botti
Akin Gump Strauss Hauer & Feld
He focuses on antitrust matters. He has extensive experience involving the antitrust review of mergers and... | Read More
He focuses on antitrust matters. He has extensive experience involving the antitrust review of mergers and acquisitions. He served as Department of Justice Litigation I Section Chief and litigated complex antitrust claims, bringing monopolization cases, horizontal conspiracy suits and merger challenges.Close
Assistant Chief of the Litigation I Section of the Antitrust Division
U.S. Department of Justice
He oversees civil investigations in a range of industries, including insurance, health care, and consumer products. He... | Read More
He oversees civil investigations in a range of industries, including insurance, health care, and consumer products. He speaks frequently on a variety of topics, including health care competition, certificate of need regulation and merger litigation. Prior to joining the Justice Department, he was in private practice, and served as a staff attorney at the Federal Trade Commission.Close
William L. Monts
Hogan & Hartson
He focuses on antitrust and complex litigation matters in various aspects of the petroleum industry. He represents... | Read More
He focuses on antitrust and complex litigation matters in various aspects of the petroleum industry. He represents clients in major cases alleging price-fixing, market allocation, and unlawful price discrimination. He also counsels clients in a variety of industries concerning the application of federal and state antitrust laws.Close