Antitrust Implications of Noncompete and Nonsolicitation Agreements
November 15, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will analyze noncompete and nonsolicitation features of employment agreements, service contracts, and agreements among competitors from an antitrust perspective. The panel will discuss how to balance competitive vs. noncompetitive effects of these agreements and best contracting pra...
Antitrust Challenges to Most Favored Nation and Competitor Parity Clauses in the U.S. and...
Assessing MFNs and Parity Provisions for Antitrust Vulnerabilities, Devising a Defensible...
October 11, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will analyze recent antitrust challenges to the use of most favored nation (MFN) and competitor parity clauses by the U.S. Department of Justice (DOJ), national competition authorities, and the European Commission. The panel will provide guidance on how to evaluate the antitrust ris...
Antitrust Concerns With Joint Ventures and Other Collaborations: Balancing Competitive vs....
Avoiding Liability for "Naked" Agreements, Ancillary Restraints, Collusion; Assessing the...
August 24, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will analyze the potential antitrust ramifications of joint ventures (JVs) and other collaborations between competitors and how to balance the pro-competitive efficiencies against the anti-competitive effects of a proposed JV. The panel will also discuss recent cases and agency guid...
Avoiding Hub-and-Spoke Liability: Recent Antitrust Cases and Practical Advice for Vertical...
Distinguishing a Series of Independent Vertical and Horizontal Agreements From a Hub-and-S...
July 12, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will examine hub-and-spoke agreements in antitrust, and the fact scenarios that can give rise to hub-and-spoke claims. The panel will discuss when a "rim" - that is, a horizontal agreement among competitors - can be inferred from a series of what appear to be vertical agreements or...
Foreign Trade Antitrust Improvements Act: When Do U.S. Antitrust Laws Apply to Foreign Con...
Navigating the Applicability of the FTAIA's "Effects Test" to the Purchase of Foreign Comp...
June 22, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will examine recent developments regarding the application of the FTAIA and the limits of the reach of U.S. antitrust laws to foreign conduct. The panel will discuss lingering questions for courts and antitrust counsel after recent and significant FTAIA court decisions and best prac...
Antitrust Risks for Trade Associations and Members: Ensuring Compliance Amid Intensive Fed...
Avoiding Civil Forfeitures, Treble Damages and Sanctions Due to Anti-Competitive Conduct
May 16, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will prepare counsel representing trade associations and their members to minimize the risks of antitrust liability for activities and agreements impacting pricing or competition. The panel will review the relevant statutes and recent case law applicable to trade associations and ou...
Resale Price Maintenance: Minimizing Antitrust Risks
Structuring Pricing Agreements Amid Differing State, Federal and International Treatment o...
February 8, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will update counsel to businesses involved in assessing the validity of arrangements designed to influence resale prices on the differing treatment of RPM in state, federal and international jurisdictions. The panel will provide best practices for proceeding with such arrangements.
Competitor Information Sharing in Joint Ventures and Mergers: Minimizing Antitrust Risks
Avoiding Gun-Jumping and Other Restraints on Competition
January 10, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance to antitrust practitioners on the potential liability risks competitors face when sharing information related to a joint venture or when considering a merger. The panel will offer insights and guidance from recent court rulings and government enforcement action...
Joint Bidding Arrangements With Competitors: Evaluating and Minimizing Antitrust Risks
Avoiding Bid Rigging Allegations and Violations Arising From Negotiations, Communications,...
June 28, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance for antitrust practitioners on avoiding bid rigging allegations and violations in joint bidding arrangements for commercial contracts or proposals. The panelists will offer their insights and best practices for evaluating and minimizing antitrust risks in negot...
Discounted Pricing Clauses: Drafting Enforceable and Compliant Provisions After Collins
Utilizing Bundles, Minimum Requirements Clauses, and Tiered or Volume-Based Pricing Incent...
May 17, 2016 • CLE • CLE On-Demand, Download
This webinar will address potential pitfalls in drafting discounted pricing clauses in commercial contracts, particularly in light of the Sixth Circuit's decision in Collins Inkjet Corp. vs. Eastern Kodak, 14-3306 (6th Cir. 2015). The panel will review the efficacy of bundled pricing provisions, min...
Antitrust Challenges to Most Favored Nation and Competitor Parity Clauses in the U.S. and...
Assessing MFNs and Parity Provisions for Antitrust Vulnerabilities, Devising a Defensible...
April 28, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will analyze recent antitrust challenges to the use of most favored nation (MFN) and competitor parity clauses by the U.S. Department of Justice (DOJ), national competition authorities and the European Commission. The panel will provide guidance on how to evaluate the antitrust risk...
Antitrust Risks in E-Commerce Pricing and Distribution
Avoiding RPM, MFN and IMAP Pitfalls With Online Sales
March 24, 2015 • CLE • CLE On-Demand, Download
This CLE webinar will examine the government's current enforcement activity regarding the pricing and distribution practices of retailers, distributors and manufacturers engaged in e-commerce, as well as recent private litigation. The panel will outline best practices for identifying unlawful vertic...
Intensified Resale Price Maintenance Enforcement in China, the EU and the US: Mitigating A...
Proactively Preparing for and Responding to Increased RPM Enforcement and Avoiding Costly...
January 14, 2015 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance to antitrust counsel representing companies doing business in China and the EU on preparing for and responding to intensified enforcement of RPM and hub-and-spoke infringements in those jurisdictions. The panel will also discuss recent RPM enforcement in the US...
Surviving Antitrust Scrutiny of Non-HSR Reportable Transactions
Best Practices to Minimize DOJ, FTC and State AG Challenges and Gain Merger Clearance
November 18, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will examine the government's heightened antitrust scrutiny of non-Hart-Scott-Rodino (HSR) reportable transactions. The panel will explain proactive steps antitrust counsel should take throughout the merger transaction to assess and respond to antitrust risks and gain merger clearan...
Effective Antitrust Compliance Programs: Preventing Violations and Minimizing Penalties
Implementing Mechanisms to Detect Wrongdoing, Leveraging Compliance Programs in Investigat...
September 23, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will prepare antitrust attorneys to develop and implement compliance programs that foster the prevention and early detection of antitrust violations. The panel will also offer practical advice for leveraging effective compliance programs when responding to government investigations...
Antitrust Risk Allocation in Merger Agreements: Anticipating and Managing Risks of Deal De...
Negotiating Divestiture, Hell or High Water, and Reverse Breakup Fee Provisions; Navigatin...
July 29, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will guide counsel in assessing and allocating antitrust risks in merger agreements. The panel will examine commonly negotiated antitrust risk-shifting provisions and explain the legal implications of including risk-shifting provisions in the merger agreement when dealing with the a...
Bundled Pricing and Loyalty Discounts: Navigating the Confusing Antitrust Standards
Avoiding Anticompetitive Conduct When Implementing Marketing and Pricing Strategies
June 24, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will examine the various standards the U.S. Department of Justice (DOJ) and courts are applying in analyzing whether bundled pricing and loyalty discount programs enhance competition or are exclusionary. The panel will explain best practices for companies and their counsel to avoid...
Antitrust Review of Multijurisdictional Mergers: Navigating Complex Clearance Requirements
Managing Cross-Border Pre-Merger Reviews Amid Overlapping Substantive and Procedural Regim...
March 13, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will guide counsel in conducting pre-closing antitrust reviews in multijurisdictional mergers. The panel will explain the complexities of the cross-border merger review process, review the growing use of antitrust cooperation arrangements between foreign competition authorities, and...
Antitrust Risks of Association-Sponsored Market Research
Avoiding Compliance Pitfalls of Information Exchanges and Surveys
December 11, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will guide counsel on best practices to minimize the risks of antitrust liability with association-sponsored market research programs such as information exchanges and surveys. The panel will outline clear antitrust compliance considerations and measures when implementing market res...
DOJ/FTC Merger Guidelines and Review Process
Practice Pointers and Lessons Learned From Antitrust Enforcement Trends
July 25, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel with a review of current evaluation of mergers at antitrust enforcement agencies, focusing on how the merger guidelines are working in the real world and lessons from recent enforcement actions.
Non-HSR Reportable Transactions
Determining Merger Clearance Options, Conducting Antitrust Risk Assessment, and Minimizing...
June 5, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will examine the antitrust risks involved in non-HSR reportable transactions and the increased agency scrutiny. The panel will discuss early risk assessment and options for merger clearance and will offer strategies for reducing the likelihood of government investigations.
Antitrust Pitfalls for Manufacturer-Imposed Requirements
Structuring RPM Provisions and Overcoming Antitrust Risk in Territory and Customer Restric...
April 16, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will provide best practices to counsel for manufacturers and others in the distribution chain for developing reasonable price, territory and customer restrictions. The panel will give special consideration of resale price maintenance agreements in state, federal and international ju...
Exclusionary Business Conduct Under Antitrust Laws
Navigating the Evolving Standards and Enforcement for Refusals to Deal, Predatory Pricing...
December 18, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel with a review of recent antitrust regulatory enforcement and case law developments to analyze business practices at risk for being deemed anti-competitive violations of antitrust laws.
Antitrust Challenges in Hospital Mergers
Navigating FTC-DOJ Guidance and Regulatory Actions Given Conflict Between ACA Efficiency M...
October 2, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide antitrust counsel with a review of recent government scrutiny amidst an unprecedented wave of hospital mergers. The panel will analyze regulator investigation trends and official antitrust guidance and outline best practices to prepare counsel to structure deals for the...
Joint Venture Formation: Avoiding Antitrust Liability
Assessing Risk, Negotiating Terms and Structuring the Entity to Minimize Antitrust Exposur...
July 11, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide antitrust counsel with a review of the current legal environment for joint ventures. The panel will offer best practices to counsel for negotiating and structuring arrangements between business entities that avoid antitrust violations.
Tying Arrangements: Avoiding Antitrust Liability
Leveraging Market Power Arguments and Seller Defenses
May 1, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will offer guidance for antitrust counsel to sellers of technological or other bundles of products on avoiding antitrust violations, discuss approaches based on regulations and jurisprudence for sellers of all kinds, and will outline special considerations for intellectual property...
Market Definition in Merger Review: Recent Developments
Best Practices to Address Market Definition and Respond to and Avoid Antitrust Violations
March 8, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance to antitrust counsel on the role of market definition in merger review as well as agency and court treatment. The panel will offer best practices for addressing market definition in merger review and suits.
Antitrust Internal Audits on Pricing, Distribution Practices, Competitor Collaborations an...
Managing the Audit Process, Mitigating Regulatory Sanctions, and Preserving Attorney-Clien...
December 13, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will prepare antitrust counsel to advise clients on developing and conducting internal audits. The panel will address how to conduct specific audits to evaluate pricing issues, collaborations with competitors, distribution practices, document creation practices, and trade associatio...
Hart-Scott-Rodino: 2011 Amendments to the Rules, Forms and Instructions
Navigating Complex Regulatory Requirements For Premerger Notifications
August 17, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will review the major changes to the Hart-Scott-Rodino (HSR) Premerger Notification Rules, Form and Instructions--and will discuss how those revisions will impact HSR and merger and acquisition advice from counsel on the new regulatory obligations for clients.
New DOJ Merger Remedies: Expanded Antitrust Enforcement Tools
Navigating Revised Guidance to Mitigate Anti-competitive Impact With Conduct and Structura...
July 19, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance for counsel to companies contemplating or involved in mergers or acquisitions on the DOJ new merger remedies guide. The panel will offer best practices for evaluating, applying and implementing remedies that may allow a vertical or horizontal transaction to go...
Antitrust Liability in Mergers and Acquisitions: Assessing and Allocating Risk
Structuring Risk-Shifting and Sharing Provisions in M&A Agreements
May 24, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance to counsel to assess antitrust implications in merger and acquisition deals and evaluate the use of risk-shifting and risk-sharing devices. The panel will discuss recent cases and transactions, illustrating the potential impact of risk-shifting and risk-sharing...
Avoiding Antitrust Violations In Employment Recruiting
Leveraging Guidance on Non-Solicitation Agreements from Recent DOJ Consent Decree
February 3, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance to antitrust and employment counsel from the recent investigation and consent decree by the Department of Justice, Antitrust Division, stemming from alleged antitrust violations in recruiting. The panel will offer strategies to avoid antitrust issues in employm...
Truncated Rule of Reason Analysis in Antitrust Representations
Strategies for Applying the Test Following the FTC’s Realcomp II Decision
September 21, 2010 • CLE • CLE On-Demand, Download
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.
Competitor Collaborations After American Needle v. NFL
Avoiding Antitrust Violations in Joint Ventures with Competitors
July 21, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance on minimizing antitrust risks for companies and counsel involved in or considering competitor collaborations. The panel will discuss the Supreme Court's recent ruling in American Needle and outline best practices to avoid anticompetitive conduct when working wi...
Horizontal Merger Guidelines: Operating Within the New Antitrust Framework
Preparing for Increased FTC and DOJ Review and Data Requirements
July 1, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will offer guidance to companies and counsel on the practical impact of the proposed horizontal merger guidelines. The panel will outline the key changes and offer tips for navigating the new antitrust enforcement environment.
Minimizing Antitrust Risks in Non-Reportable Acquisitions
Lessons Learned from Agency Challenges of Consummated Deals
May 19, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will prepare companies and counsel to identify and allocate antitrust risks in non-reportable acquisitions. The panel will discuss lessons from recent agency enforcement, analyze whether and when to approach the agencies, offer litigation strategies, and outline best practices for n...
Joint Ventures: Avoiding Antitrust Liability After JV is Established
Lessons Learned from Twombly, Dagher, Copperweld and Starr
April 7, 2010 • CLE • CLE On-Demand, Download
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.
Price Discrimination in a Bid Market: Feesers v. Michael Foods
Avoiding Competitive Injury Risks Under Robinson-Patman
March 10, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will discuss steps that companies and counsel should take to implement price discounting processes that avoid antitrust liability under the Robinson-Patman Act, particularly in light of the Third Circuit's game-changing decision in Feesers v. Michael Foods.
Private Antitrust Litigation on the Rise
Strategies for Addressing Parallel Proceedings, Defending Claims, and Minimizing Damages
February 10, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will review the current state of private antitrust litigation, the courts' treatment of Twombly pleading requirements, and emerging litigation trends. The panel will outline effective strategies for defenses and remedies -- and how to minimize the risks of private antitrust litigati...
Leveraging Section 363 in Mergers and Acquisitions
Analyzing the Evolving Risks and Benefits of Buying and Selling Distressed Assets
December 2, 2009 • CLE • CLE On-Demand, Download
This CLE seminar will discuss strategies for counsel involved in Section 363 sales and acquisitions, including a thorough briefing of the evolving risks and benefits and best practices for executing a distressed company M&A deal.
Resale Price Maintenance and the Emerging Leegin Backlash
Avoiding Anti-Competitive Conduct in an Uncertain Legal Environment
October 14, 2009 • CLE • CLE On-Demand, Download
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 envir...
Heightened Antitrust Enforcement: New Emphasis, New Risks
Sharpening Compliance to Withstand Tougher DOJ Scrutiny
August 25, 2009 • CLE • CLE On-Demand, Download
This seminar will examine the current antitrust enforcement environment, highlighting emerging risks for businesses. The panel will outline strategies for counsel to ensure compliance with antitrust laws and new enforcement measures.
Antitrust Enforcement for Single Firm Conduct: Sweeping Changes Under Way
New Strategies for Complying With Section 2 of the Sherman Act
August 6, 2009 • CLE • CLE On-Demand, Download
This seminar will discuss the changes to antitrust enforcement signaled by the new administration. The panel will provide their perspectives for pricing and distribution practices, among others, going forward and will outline steps for companies and counsel to stay in compliance with antitrust law.
Antitrust Merger Clearance Strategies
Acquisitions and Financial Restructurings of Distressed Companies Under Hart-Scott-Rodino
July 21, 2009 • CLE • CLE On-Demand, Download
This seminar will review the Hart-Scott-Rodino Act and its provisions specific to bankruptcy and non-bankruptcy acquisitions involving distressed companies, available defenses for merger clearance, and strategies for merger approval during the economic crisis.
Avoiding Antitrust Violations in Competitor Collaborations
Lessons From FTC/DOJ Enforcement Actions and Litigation
May 28, 2009 • CLE • CLE On-Demand, Download
This seminar will discuss when and how competitor collaborations will be subject to government antitrust investigations -- and private litigation. The panel will offer their perspectives on best practices for planning and operating ventures with competitors.
E-Discovery in Antitrust Lawsuits and FTC/DOJ Investigations
Managing and Producing Electronic Information Under the Amended Federal Rules
March 25, 2009 • CLE • CLE On-Demand, Download
This seminar will examine the federal rules amendments on e-discovery and offer best practices for counsel involved in antitrust litigation and FTC and DOJ investigations.
Antitrust Pitfalls in Internet Distribution
Minimizing Antitrust Risks in Manufacturer-Retailer E-Commerce Competition
February 24, 2009 • CLE • CLE On-Demand, Download
This seminar will examine antitrust concerns for retailers, distributors and manufacturers with regard to Internet distribution with direct to consumer e-commerce sales. The seminar will review best practices to identify the potential for antitrust abuse and to avoid or minimize antitrust violations...