Understanding the Implications of Exclusive Dealing Arrangements
This course offers an overview of the latest trends and best practices in Understanding the Implications of Exclusive Dealing Arrangements. A panel of thought leaders and practitioners organized by The Knowledge Group will help firms better understand how to use this knowledge for their company or clients.
Key topics include:
- Assessing the Benefits and Managing the Risks of “Exclusive” Arrangements
- The State of the Law -- What To Worry About
- Actual v. DeFacto Exclusivity: The ZF Meritor v. Eaton case
- Dominant Firm Conduct –Competition or Monopolization?
- Antitrust Challenges and Liability Analyses
- Market Foreclosure –products, markets and competitors
- Rule of Reason—Efficiencies v. Exclusionary Conduct
- Defenses – do any Safe Harbors exist?
- Differences between Federal Law and some State Laws
- Administrative Agencies’ Assessment and Enforcement
Winston & Strawn LLP
Counseling the Corporation on “Exclusive Dealing” Arrangements
- The Latest Law on Exclusive Dealing
- Recent case review
- What is DeFacto Exclusive Dealing and why should I worry about it?
- ZF Meritor, LLC v. Eaton Corp., 2012 3rd Circuit Court of Appeals – An opinion all corporate counsel need be aware of as the law of the land in Delaware where much of corporate America is incorporated.
- Exclusive dealing and the Dominant firm--When does an exclusive contract become monopolization?
- Counseling Points: What you need to know about contracts that could be portrayed as exclusive dealing arrangements.
- Is winning a competition for a sole source contract “exclusive dealing?”
- The Guideposts in Analyzing Liability
- Market Analysis: Where does competition end and foreclosure begin?
- The role of products and purchasers
- The impact of market structure and competitors
- Applying the “Rule of Reason”: Can arguing efficiencies win over claims of exclusion?
- Are there contractual “safe harbor” provisions that can inoculate against exclusive dealing claims?
- Do contractual terms allowing customers to purchase from others who will offer superior price or technology offer a defense?
- What role do incentive discounts play in the analysis
- Market Analysis: Where does competition end and foreclosure begin?
Wolf Rifkin Shapiro Schulman & Rabkin, LLP
- Risks and Benefits of Exclusive Dealing Arrangements
- How Courts analyze exclusive dealing arrangements
- Market foreclosure analysis
- Rule of Reason Analysis—Efficiencies vs. exclusionary conduct
- Truncated Rule of Reason Analysis?
- Differences between federal law and some state laws regarding exclusive dealing
- How Administrative Agencies analyze exclusive dealing arrangements
Who Should Attend:
- Antitrust Lawyers
- Healthcare Lawyers
- In-house Counsel for Hospitals
- In-house Counsel for Provider Associations
- Healthcare Organizations
- Other Related/Interested Professionals and Organizations
Bob Ruyak is an experienced and respected trial lawyer with a national and international reputation. He has litigated and tried cases that cover a wide range of legal and substantive areas, including intellectual property (patent, trademark and trade secret), antitrust and competition (both civil and criminal), product liability, and a variety of complex commercial disputes , He has represented clients in such matters in a substantial number of federal and state jurisdictions across the U.S, and before the Third, Fourth, Fifth, Ninth and Federal Circuits,
Mr, Ruyak has represented both individuals and corporations in investigations and cases brought by the U,S, Department of Justice, the Securities and Exchange Commission, the Federal Trade Commission, the Department of Agriculture, the Internal Revenue Service, other federal and state agencies, and State Attorney Generals' offices. With extensive experience in all forms of dispute resolution and negotiation, he has served as lead counsel in arbitrations in the United States, Bermuda, and the United Kingdom.
His representations have covered a wide range of industries and technologies where he focuses on managing and trying complex cases, including class actions, multidistrict, multi venue, and transnational cases. His Antirust litigation and trial experience spans the full range of competition issues, including mergers and acquisitions, monopolization, dominant firm conduct, price-fixing, group boycotts, market foreclosure and allocation, exclusive dealing, and patent abuse and leveraging.
Bob Ruyak is an experienced and respected trial lawyer with a national and international reputation. He has litigated and tried …
Chris Heck is a general litigation partner at Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP. Prior to joining Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, he was a partner at the Los Angeles office of Kirkland & Ellis, LLP. He focuses his practice on complex commercial litigation, antitrust, insurance coverage, trade secret and corporate governance/fiduciary liability disputes, but he also has considerable experience in tax disputes, class actions, probate and real estate litigation. His clients have run the gamut from a large Wall Street bank, to energy and alternative energy companies, to smaller concerns in the real estate, entertainment and new media industries, to individuals in personal injury matters, corporate dissolutions, and trusts and estate disputes. Mr. Heck also counsels clients on litigation avoidance, and on business and transactional issues. He has substantial courtroom and trial experience in state and federal courts and in arbitration, and has also served as an instructor on civil and trial practice techniques for younger lawyers, including legal writing and witness preparation and examination.
Chris Heck is a general litigation partner at Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP. Prior to joining Wolf, Rifkin, …
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Method of Presentation:
On-demand Webcast (CLE)
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
2.0 CPE (Not eligible for QAS (On-demand) CPE credits)
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About Winston & Strawn LLP
Winston & Strawn is an international law firm with more than 850 attorneys among 18 offices in Beijing, Brussels, Charlotte, Chicago, Geneva, 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 & Strawn 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 Wolf Rifkin Shapiro Schulman & Rabkin, LLP
WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP was founded in 1977 and is comprised of over 30 lawyers, with offices in Los Angeles, Las Vegas, and Reno. Our attorneys are dedicated to providing high quality legal services to individuals and businesses. We have assembled a highly effective team by selecting and developing associates who complement each partner’s expertise. As a result we are able to provide our clients with the finest possible legal services, while efficiently managing the costs of those services.
As our firm has grown, we have achieved our goal of providing top quality representation while maintaining small firm economics and commitment. Our clientele includes individuals and community associations as well as businesses ranging from fledgling firms to Fortune 500 companies.