Antitrust Treatment of Loyalty Discounts in Europe and the U.S.: 2016 Perspective
For the past years, loyalty discounts have been pervasive in many sectors. A loyalty rebate is "a price reduction given by a supplier in return for a customer committing to purchase a given percentage of its requirements from that supplier." Considering the anti- and pro-competitive aspects, loyalty discounts may significantly impact consumers and have lasting antitrust implications. Thus, rigid scrutiny of these rebates is necessary to effectively manage competition concerns and therefore, avoid possible pitfalls and risks.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help the audience understand the fundamental as well as the complex aspects of this significant topic. They will provide an in-depth discussion of Antitrust Treatment of Loyalty Discounts in Europe and in the U.S. Speakers will also offer best practices in minimizing risks and maximizing loyalty discount benefits while ensuring compliance with antitrust laws.
Key issues that will be covered in this course are:
- Loyalty Discounts in EU and U.S. – A Overview
- Loyalty Rebates and US Antitrust Law
- Analysis of Loyalty Discounts
- Possible Antitrust Implications
- Up-to-the-minute Regulatory Developments
William Michael, Partner
Paul, Weiss, Rifkind, Wharton & Garrison LLP
- What the courts have done and basic legal elements
- What are “loyalty” discounts?
- U.S. antitrust treatment of discounts and pricing claims generally
- Should loyalty discounts be treated differently from other types of pricing claims?
- The predatory pricing approach
- The “discount attribution” approach
- The “rule of reason” approach
- How do courts determine which approach applies?
Michael S. McFalls, Partner
ROPES & GRAY LLP
- When and where are these issues most likely to arise?
- How should in-house counsel identify and manage risk and compliance on these issues?
- Hypotheticals involving recurring issues and specific industries (semiconductors, medical devices, pharmaceuticals)
- What may change in the near future with respect to legal doctrine and enforcement objectives?
Who Should Attend:
- Antitrust Lawyers
- Consumer Rights Lawyers
- Top Level Management
- In-house Counsel
- Legal Advisers
- Economy Watchers
- Private and Public Companies
- Multinational Companies
- Other related/interested Professionals and Organizations
Bill Michael is a partner in the Litigation Department at Paul, Weiss. Bill has extensive experience in antitrust litigation, including both civil and criminal government investigations, as well as other complex commercial litigation and appellate matters.
Bill has significant experience representing companies in various antitrust litigations and investigations. He has represented clients in cases involving competitor allegations of monopolization, exclusive dealing, tying and bundled discounting, as well as in purchaser class actions and in bid-rigging investigations by the U.S. Department of Justice. Prior to joining Paul, Weiss, Bill was a trial attorney in the Antitrust Division of the U.S. Department of Justice, where he focused on civil merger and non-merger investigations in the telecommunications and media industries. He also served as a law clerk to the Honorable Barrington D. Parker of the United States Court of Appeals for the Second Circuit. Bill received his B.A. from Columbia University and his J.D. from Yale Law School.
Bill Michael is a partner in the Litigation Department at Paul, Weiss. Bill has extensive experience in antitrust litigation, including …
Mike represents leading companies across a variety of industries before the Federal Trade Commission and Department of Justice in antitrust investigations and litigation. Mike has worked on some of the most challenging mergers and acquisitions in the antitrust world, and has also led the defense of companies in some of the most challenging federal and state AG antitrust investigations of commercial behavior.
In addition, Mike counsels companies on joint venture, licensing and standard-setting questions in life sciences and IT-based industries. He has spoken, written aand testified about antitrust issues involving intellectual property, and has chaired the Computer & Internet Committee and co-chaired the Intellectual Property Committee of the ABA Antitrust Section.
Mike’s non-merger work builds on his experience at the FTC, where he was attorney-advisor to Chairman Robert Pitofsky from 1998 to 2000. Mike participated in pathbreaking nonmerger investigations, including the first investigations into Hatch-Waxman settlements and product-hopping, as well dominant-firm issues in the semiconductor industry. He also helped draft the FTC/DOJ Antitrust Guidelines for Collaborations among Competitors.
In 2000, Mike returned to a large international law firm, where he shepherded major transactions involving Abbott Laboratories, Procter & Gamble and XM Radio (among others) through the agencies. He also represented a number of life sciences companies in FTC and DOJ investigations, none of which resulted in agency challenges or consent decrees. Among his clients are Pfizer, Biogen, Medtronic, TPG and Bain. Mike joined Ropes & Gray in 2010.
Mike represents leading companies across a variety of industries before the Federal Trade Commission and Department of Justice in antitrust …
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