Single-Firm Conduct: Mastering New DOJ Enforcement Guidance to Avoid Antitrust Violations
Navigating the Conflicting DOJ and FTC Standards
U.S. Dept. of Justice Report on Competition and Monopoly Released Sept. 8
Recording of a 90-minute CLE webinar with Q&A
Outline
- Legal standards for violations of Section 2 of the Sherman Act
- Risk of deterring pro-competitive conduct and aggressive competition versus the risks under enforcement
- Type I risks
- Type II risks
- Various tests for Liability under Section 2
- Disproportionality test, profit-sacrifice test, consumer welfare/balancing test, no economic sense test
- Conduct-specific tests and safe harbors
- Risks posed by specific practices
- Bundling products
- Exclusive dealing
- Tying
- Pricing and discounts
- Practical implications for counseling
Benefits
The panel will review these and other key questions:
- What guidance does the DOJ report provide concerning exclusionary conduct and the use of the profit-sacrifice test?
- What role will the DOJ's newly adopted safe harbor provisions play in determining whether single-firm conduct has violated antitrust law?
- What is the impact for companies of the FTC's refusal to endorse the DOJ enforcement standards?
Faculty
Janet L. McDavid
Partner
Hogan & Hartson
She focuses on antitrust, competition, and trade regulation, with a particular emphasis on government investigations,... | Read More
She focuses on antitrust, competition, and trade regulation, with a particular emphasis on government investigations, litigation, and antitrust policy issues. She is widely recognized as a leading authority in antitrust law and has authored and co-authored many books and articles involving antitrust law.
CloseCharles T. (Chris) Compton
Partner
Wilson Sonsini Goodrich & Rosati
He has overseen the antitrust regulatory work in over 900 mergers, acquisitions, and joint ventures, many of which... | Read More
He has overseen the antitrust regulatory work in over 900 mergers, acquisitions, and joint ventures, many of which involved investigations by the FTC, the Dept. of Justice, and the European Commission. He plays a leadership role in the firm's antitrust practice and focuses on merger regulatory and intellectual property issues.
CloseKyle Andeer
Attorney Advisor to Commissioner Thomas Rosch
Federal Trade Commission
He advises FTC Commissioner Rosch on competition issues. Before joining the Commissioner's office, he was in private... | Read More
He advises FTC Commissioner Rosch on competition issues. Before joining the Commissioner's office, he was in private practice and worked in the Dept. of Justice’s Antitrust Division for several years.
CloseJoseph G. Krauss
Partner
Hogan & Hartson
He focuses on antitrust and economic regulation, with an emphasis on merger and acquisition counseling and litigation... | Read More
He focuses on antitrust and economic regulation, with an emphasis on merger and acquisition counseling and litigation in all industries, and before federal, state, and foreign antitrust authorities. He counsels clients in numerous matters relating to mergers and acquisitions, joint ventures, distribution issues, Sherman Act, and Hart-Scott-Rodino Act compliance.
CloseAccess Anytime, Anywhere
Strafford will process CLE credit for one person on each recording. All formats include program handouts.
CLE On-Demand Audio