Resale Price Maintenance and the Emerging Leegin Backlash
Avoiding Anti-Competitive Conduct in an Uncertain Legal Environment
Maryland Antitrust Division Deputy Chief joins panel to discuss state's new antitrust law, effective Oct. 1, which prohibits RPM programs
Recording of a 90-minute CLE webinar with Q&A
This seminar will review federal, state and international antitrust laws, regulations and court decisions on resale price maintenance (RPM) since the Leegin decision. The panel will provide their perspectives on the rule of reason analysis and how to use pricing agreements in the current legal environment.
- Current state of the law
- Court/agency treatment
- International issues (RPM remains per se illegal in many other countries)
- Reaction to Leegin
- State antitrust laws
- Agency response
- Legislative response
- Best practices for RPM going forward
- Colgate policies
- Nationwide RPM—adoption of nationwide plan carries substantial risk
- Maximizing competitiveness of distribution channels
- Proving minimum RPM agreements are anti-competitive
- Dual distribution
- International distribution issues
The panel will review these and other key questions:
- How is the rule of reason analysis of RPM working since the Leegin decision? What is the potential impact of the FTC's current RPM workshops?
- What are the unique RPM issues for companies that conduct business internationally?
- How are courts and antitrust authorities currently responding to RPM challenges?
- How can businesses and their counsel best cope with the conflicting treatment of RPMs?
Alan M. Barr
Deputy Chief of the Antitrust Division
Office of the Attorney General, State of Maryland
He has been an Assistant Attorney General in the Maryland Antitrust Division for nearly 30 years. He has served in... | Read More
He has been an Assistant Attorney General in the Maryland Antitrust Division for nearly 30 years. He has served in leadership positions in a number of multistate investigations and civil prosecutions of resale price maintenance claims on behalf of the State of Maryland and its consumers. He has taught antitrust law at the University of Baltimore.Close
Lynda K. Marshall
Hogan & Hartson
She focuses on antitrust and trade regulation issues, counseling clients on matters including distribution issues,... | Read More
She focuses on antitrust and trade regulation issues, counseling clients on matters including distribution issues, mergers and acquisitions, joint ventures, trade association matters, and compliance. She has coordinated worldwide regulatory approvals for multinational corporations involved in mergers and acquisitions, as well as advised clients on potential antitrust risks with such transactions.Close
Robert A. Lipstein
Crowell & Moring
He counsels on antitrust and trade regulation issues, with particular expertise on mergers and acquisitions, including... | Read More
He counsels on antitrust and trade regulation issues, with particular expertise on mergers and acquisitions, including product distribution and pre-merger integration planning procedures. He crafted distributor and dealer agreements that have become the standards in several industries, and assists clients with unilateral Minimum Advertised Price and Minimum Retail Price policies.Close