Antitrust Enforcement Trends in 2019: Practical Guide for Businesses
There have been a number of high-profile antitrust cases filed in the U.S. over the past few years as well as greater activity and arguably heightened scrutiny by the Department of Justice, the Federal Trade Commission and state enforcers. Outside of the U.S., antitrust enforcers have been even more active. This increased activity means that business executives and counsel must understand current antitrust enforcement focuses so that they can ensure their compliance, limit risk, and avoid potential pitfalls.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will present an overview of antitrust enforcement trends in 2019, focusing on practical guidance for businesses.
Some of the major topics that will be covered in this course are:
- Antitrust and data issues in the digital economy
- Merger reviews leading to anticompetitive conduct investigations
- Post-closing deal challenges
- Vertical merger scrutiny and skepticism of behavioral remedies
- Cartel enforcement and standing issues
- Two-sided platforms
- Class certification
- What lies ahead
Megan Gerking, Of Counsel
Morrison & Foerster LLP
Robert Kneuper, Expert Economist and Expert Consultant
Info Tech, Inc
Howard Ullman, Of Counsel
Orrick, Herrington & Sutcliffe LLP
Jason D. Cruise, Partner
Latham & Watkins LLP
- Data topics
- Pricing algorithms
- Data scraping
- Big data
- Two-sided platforms (following Amex decision)
- Soft IP enforcement: FTC's 1800 case
- DOJ and FTC changing or different approaches to FRAND commitments
- Dominance ex-US cases involving technology companies
- FTC Technology Task Force
- Increased DOJ/FTC scrutiny of information from merger reviews to identify and investigate anticompetitive conduct (e.g. Bumble Bee; employee no-poach agreements)
- Post-closing deal challenges (including Jeld-Wen, Parker Hannifin, others)
- Enhanced focus on treatment of vertical mergers (AT&T/Time Warner, Cigna/Express Scripts, CVS/Aetna; new vertical merger guidelines; scrutiny of technology platforms combining with content production companies)
- Growing, heightened skepticism of behavioral remedies in both horizontal and vertical deals, including information firewalls
- DOJ plan to enhance scrutiny of privilege claims in merger reviews, including through enforcement actions
Standing, enforcement, cartels
- Indirect purchasers
- Apple v. Pepper
- Asacol case and the issue of ascertainability
- Increased State AG enforcement
- Cartel cases
- European efforts (digital cartel detection tool)
- Containerboard out of the 7th circuit (Distinguishing cartel from oligopoly)
Who Should Attend:
- Antitrust Lawyers
- Corporate Counsel
- M&A Lawyers
- Top Level Executives
- Compliance and Risk Officers
Howard Ullman, Of Counsel in the San Francisco office, is a member of the Litigation and the Antitrust and Competition Groups. He focuses his practice on competition and antitrust law, trade regulation, unfair competition, class action and complex litigation issues.
He has extensive experience advising on distribution law and distribution system issues (including competitor collaborations, pricing issues, non-price restraints and dealer termination issues). He routinely addresses and counsels on the antitrust / intellectual property interface.
Howard represents Nanya Technology Corporation and Nanya Technology Corporation USA in the national DRAM antitrust price-fixing cases. Other price-fixing experience includes representation of a defendant in the DRAM antitrust price-fixing litigation and a large purchaser in connection with the SRAM antitrust price-fixing litigation, and representation of companies in alleged school milk and paint pigment cartels.
He has also worked on antitrust cases for PG&E Corporation, Equifax, One Technologies, and a number of other companies. He regularly counsels companies on competition issues, including Robinson-Patman Act (price discrimination) issues and market concentration issues. He has worked on a number of Cal. Bus. and Prof. Code Section 17200 (unfair competition) litigations. He has also worked on a number of antitrust-healthcare related matters, including mergers and acquisitions.
Howard has worked on antitrust cases in the life insurance industry and for Microsoft Corp. in connection with intellectual property issues. He recently finished cases for a supplier of industrial equipment (commercial scales) and involving below-cost pricing in the retail gasoline industry. He also recently worked on a Section 2 case for a pool products manufacturer that resolved favorably.
Howard Ullman, Of Counsel in the San Francisco office, is a member of the Litigation and the Antitrust and Competition Groups. He …
Megan E. Gerking is of counsel in Morrison & Foerster’s Global Antitrust Law Practice, where she focuses on government-facing antitrust matters. Ms. Gerking has extensive experience representing companies in civil and criminal antitrust government investigations before the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and state enforcers, and in all phases of the merger review process before U.S. and foreign competition authorities.
She counsels clients on a variety of competition law issues, including antitrust compliance, trade association and industry consortium activities, joint conduct, mergers and acquisitions, licensing and distribution practices, and regulatory compliance under the Hart-Scott-Rodino Act.
Ms. Gerking previously served as a trial attorney for the DOJ’s Antitrust Division, where she investigated and prosecuted federal antitrust violations and international cartel cases. While there, she prosecuted the first individual extradited to the U.S. on an antitrust charge.
Megan E. Gerking is of counsel in Morrison & Foerster’s Global Antitrust Law Practice, where she focuses on government-facing antitrust …
Jason Cruise is an antitrust partner in the Washington, D.C. office of Latham & Watkins LLP. His practice focuses on obtaining clearance for mergers and acquisitions from the Department of Justice, Federal Trade Commission and other antitrust authorities globally, representing clients in connection with Federal Trade Commission and Department of Justice civil and criminal investigations, and counseling clients on a wide range of antitrust issues, such as competitor collaboration and sales and marketing practices.
Jason Cruise is an antitrust partner in the Washington, D.C. office of Latham & Watkins LLP. His practice focuses on obtaining …
Dr. Robert Kneuper is an Expert Economist at Info Tech, Inc. and has a Ph.D. in Applied Economics from Clemson University. Dr. Kneuper also serves as an adjunct professor at Charleston Southern University, where he teaches courses in managerial economics and corporate finance. Dr. Kneuper also has taught antitrust economics at Loyola University Chicago School of Law.
Dr. Kneuper has worked as an antitrust consultant for over 25 years, both in the private and public sectors. Dr. Kneuper spent over 10 years analyzing a wide variety of antitrust matters at the FTC and had a leadership role in developing the FTC's antitrust policy involving "pay for delay" cases. Dr. Kneuper has continued to focus heavily on antitrust in his private consulting practice and his worked has spanned a wide variety of industries including health care, pharmaceuticals, insurance, energy, media, entertainment, transportation, real estate, internet, sports, gaming, aerospace, defense, waste collection, retail and consumer products.
Dr. Robert Kneuper is an Expert Economist at Info Tech, Inc. and has a Ph.D. in Applied Economics from Clemson …
Print and review course materials
Method Of Presentation:
General knowledge of antitrust laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Orrick, Herrington & Sutcliffe LLP
About Morrison & Foerster LLP
With approximately 1,000 lawyers in 16 offices, Morrison & Foerster is a preeminent global law firm dedicated to delivering business-oriented results to clients across the United States, Europe and Asia. Dynamic technology and life science companies, large financial institutions, leading consumer product companies and other market leaders come to MoFo for knowledge, innovation and business aptitude. MoFo handles some of the world’s largest crossborder transactions and resolves major disputes across multiple jurisdictions. The firm has a long-standing commitment to pro bono work and social justice.
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About Info Tech, Inc
In 1977, professors, Dr. James T. McClave and Dr. Thomas P. Rothrock developed the first computerized methods for detecting collusive behavior in sealed bid markets through statistical and economic consulting services for the Florida Attorney General. Consequently, Info Tech ® became the pioneer in computerized techniques for detecting fraudulent business behavior in various industries.
The consulting business of Info Tech ® continues to provides expert testimony in the analysis of statistics, economics and econometrics in areas of antitrust, labor and employment discrimination and healthcare fraud among other litigation areas.
Led by President Dr. Jamie Baldwin and founder Dr. James T. McClave, the consulting business of Info Tech ® is nationally known for its unmatched ability to apply the scientific method to generate clear and professional services. Simple graphical depiction and concise explanation of complex concepts makes Info Tech ® Consulting work invaluable to clients.