Truncated Rule of Reason Analysis in Antitrust Representations

Strategies for Applying the Test Following the FTC’s Realcomp II Decision

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


Conducted on Tuesday, September 21, 2010

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to counsel for companies involved in competitor collaborations or Section 1 investigations for applying the truncated rule of reason analysis, including the plaintiffs' burden of proof and available defenses.

Description

The Federal Trade Commission’s recent decision in Realcomp II has put the spotlight on the truncated rule of reason analysis. The decision significantly expands the scope of practices that are deemed inherently suspect and limits the justifications permitted for such practices.

Courts have been unclear and inconsistent in identifying when the truncated rule of reason analysis can be used. The new landscape created by the Realcomp II decision only makes it more difficult to determine when and where the truncated rule of reason analysis is appropriate.

Companies and counsel must understand the application of the truncated rule of reason analysis framework in the establishment of a violation of Section 1 of the Sherman Act, the burden of proof required of plaintiffs and effective defense strategies.

Listen as our authoritative panel of antitrust attorneys examines when the truncated rule of reason analysis applies, how courts and agencies have treated the analysis, and the expanded scope of the inherently suspect analysis. The panel will explain best practices for dealing with the rule of reason analysis, including what plaintiffs need to prove, available defenses, and the impact on joint ventures.

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Outline

  1. Truncated rule of reason
    1. Application
    2. Treatment
  2. Expanded scope of inherently suspect analysis
    1. How Realcomp expanded what is inherently suspect
    2. Challenges posed for organizations in competitor collaborations
    3. Responding to those challenges
  3. Dealing with rule of reason analysis
    1. What plaintiffs need to prove
    2. Defenses
    3. Impact on joint ventures

Benefits

The panel will review these and other key questions:

  • When is application of the truncated rule of reason analysis appropriate? How are the courts and agencies treating the analysis?
  • How has the scope of the inherently suspect analysis been expanded?
  • What must a plaintiff prove in the truncated analysis and what defenses are available?

Faculty

Geoffrey D. Oliver
Geoffrey D. Oliver

Partner
Jones Day

He focuses on antitrust matters, with emphasis on government merger and conduct investigations and on litigation and...  |  Read More

David L. Meyer
David L. Meyer

Partner
Morrison & Foerster

He co-chairs the firm's Global Antitrust and Competition Law Practice Group. He served most recently as the Principal...  |  Read More

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