Emerging Issues: Dealing Effectively and Efficiently with Antitrust Agencies in an Assertive Enforcement Era
The US Federal Trade Commission (FTC) and the Department of Justice (DOJ) are aggressively enforcing antitrust laws with particular focus on mergers and acquisitions and antitrust compliance programs. Today's imperative antitrust enforcement environment has already produced DOJ's nearly $1.9 billion collection of criminal penalties in the most recent fiscal year, topping the $1 billion mark for the third straight year.
In light of this regulatory trend, it is crucial for companies to review their compliance efforts and understand their antitrust risk profile to be able to assess whether their related policies are appropriate. Furthermore, businesses throughout North America should be reminded of the trilateral meetings among the Antitrust Agencies in the United States, Canada and Mexico which are coordinating investigative efforts towards uniform antitrust law enforcement.
The message is clear: a robust antitrust compliance program is a must. The DOJ clarified that an antitrust compliance program should be effective and should have the capacity to determine and prevent the occurrence of potential antitrust violations.
In this two-hour CLE Webcast, The Knowledge Group has assembled a panel of key thought leaders to provide audience with an in-depth analysis and discussion of: Emerging Issues: Dealing Effectively and Efficiently with Antitrust Agencies in an Assertive Enforcement Era. Speakers will offer best practices on avoiding the common pitfalls and risks of anticompetitive activity.
Key topics include:
- Significant FTC Cases:
- Kroger/Harris Teeter
- Office Depot/OfficeMax
- Renewed DOJ Focus on Antitrust Compliance Program
- Implementing Effective and Efficient Antitrust Compliance Program
- Cross-Border Antitrust Investigations
- Regulatory Forecasts
- Common Antitrust Violations
- Best Risk Mitigation Practices
H. Stephen Harris, Partner
Winston & Strawn LLP
- The onset of serious conduct enforcement by the China Anti-Monopoly Law enforcement agencies
- Cartel-like treatment in China of vertical agreements
- Concerns raised by differences in Chinese procedures in cartel investigations, including written, signed proffers
- Problematic aspects of the EU settlement procedure
Joseph J. Bial, Partner
Cadwalader, Wickersham & Taft LLP
- Renewed Focus on Antitrust Compliance Programs
- Special Considerations for Antitrust Compliance
- Developing an Effective Antitrust Compliance Program
- Data Screening as a Tool for Monitoring
Who Should Attend:
- Antitrust Lawyers
- Litigation Officers
- Litigation Lawyers
- Civil Litigators
- Chief Compliance Officers
- Corporate Executives
- In-house Counsel
- Private and Public Companies
- Other Related/Interested Professionals and Organizations
H. Stephen Harris, Jr. is a partner in the Antitrust Practice Group of Winston & Strawn, based in Washington DC. Steve has represented companies in antitrust class action litigation, the defense of cartel investigations, and antitrust merger reviews under the laws of the U.S., the UK, the EU and numerous other jurisdictions. Steve has represented companies in numerous industries, including consumer products, electronics, computer hardware and software, health care, insurance, and commodities of various kinds. Steve has written and lectured frequently on antitrust topics. He was Editor-in-Chief and co-author of the first edition of the ABA two-volume treatise, Competition Laws Outside the United States, and also co-authored Anti-Monopoly Law and Practice in China (Oxford), Intellectual Property Competition Law and Economics in Asia (Hart), and the Global Antitrust and Compliance Handbook (Oxford). Steve is a member of the International Task Force of the ABA Section of Antitrust Law, and formerly served in the Section as a member of the governing Council and as the Section’s International Officer. He is admitted to practice in the District of Columbia, Georgia, New York and England & Wales. He is also admitted to the bar of the U.S. Supreme Court, the Supreme Court of England & Wales, and the bars of numerous U.S. Circuit Courts of Appeal and U.S. District Courts. Steve received his B.A. degree, with honors, from Cornell University and his J.D. from Columbia University School of Law, where he was a Harlan Fiske Stone Scholar. He was certified with honors by the Parker School of Foreign and Comparative Law at Columbia.
H. Stephen Harris, Jr. is a partner in the Antitrust Practice Group of Winston & Strawn, based in Washington DC. …
Joseph Bial is a partner in the Antitrust Group of Cadwalader's Litigation Department, resident in Washington, D.C. He regularly represents both defendants and plaintiffs in antitrust and commercial litigation in federal district and appellate courts, as well as before state and federal regulatory agencies. In recent years, Joe has led, or been instrumental in, several high-profile monopolization cases on behalf of entrepreneurs in high-tech industries. At the same time, he regularly defends clients in cases alleging violations of federal and state antitrust laws across a broad range of industries. These cases include defending clients against antitrust class actions in the steel, municipal derivatives, sorbates, auction rate securities and oriented strand board industries. He has particular expertise defending clients against alleged participation in international cartels, as well as defending civil actions following grand-jury and other government investigations.
In addition to his work in the United States, Joe focuses on antitrust and anti-monopoly issues arising in Asia, where he frequently lectures and previously worked following judicial clerkships. He was the chair of Cadwalader's 2012 Asia Antitrust Forum, a series of conferences held in Beijing, Hong Kong, Shanghai and Taipei from April 16-23, 2012, that addressed several important competition-related issues under China's newly-enacted Antimonopoly Law ("AML"). The materials presented are available upon request.
Joseph Bial is a partner in the Antitrust Group of Cadwalader's Litigation Department, resident in Washington, D.C. He regularly represents …
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About Winston & Strawn LLP
Winston & Strawn LLP is an international law firm with more than 850 attorneys among 18 offices in Beijing, Brussels, Charlotte, Chicago, Dubai, Hong Kong, Houston, London, Los Angeles, Moscow, New York, Newark, Paris, San Francisco, Shanghai, Silicon Valley, Taipei, and Washington, D.C. For more than 160 years, Winston has served as a trusted adviser and advocate for clients across virtually every industry. In that time, through careful growth and thoughtful fiscal management, we have built a law practice with tremendous breadth and a global reach. We are proud of the many accolades we have received over the years—a tribute to our lawyers’ creativity, flexibility, depth of experience, and commitment. The most meaningful accolade to us, though, is the continued trust and confidence of our clients.
About Cadwalader, Wickersham & Taft LLP
At Cadwalader, Wickersham & Taft LLP, we put over 200 years of legal experience and innovation to work for you today. As one of the world's most prominent financial services law firms, we have long-standing client relationships with premier financial institutions, Fortune 500 companies and other leading corporations, government entities, charitable and health care organizations, and individual private clients. We have earned a reputation for crafting innovative business and financial solutions and developing precedent-setting legal strategies to achieve our clients' goals. The result is simple: We stand out from our competition because we help you stand out from yours. Find out what makes us different.