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
This CLE course 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.
- Truncated rule of reason
- Expanded scope of inherently suspect analysis
- How Realcomp expanded what is inherently suspect
- Challenges posed for organizations in competitor collaborations
- Responding to those challenges
- Dealing with rule of reason analysis
- What plaintiffs need to prove
- Impact on joint ventures
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?
Geoffrey D. Oliver
He focuses on antitrust matters, with emphasis on government merger and conduct investigations and on litigation and... | Read More
He focuses on antitrust matters, with emphasis on government merger and conduct investigations and on litigation and counseling with respect to matters involving antitrust and patent law. He served at the FTC as the Assistant Director responsible for the Anticompetitive Practices Division. He also participated in policy initiatives involving standard-setting, intellectual property and other issues.Close
David L. Meyer
Morrison & Foerster
He co-chairs the firm's Global Antitrust and Competition Law Practice Group. He served most recently as the Principal... | Read More
He co-chairs the firm's Global Antitrust and Competition Law Practice Group. He served most recently as the Principal Deputy Assistant Attorney General, and prior to that as the Deputy Assistant Attorney General for Civil Enforcement, where he was responsible for civil investigations and merger reviews in a wide range of industries.Close